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Bulletin  No.  13.— New  Series. 

U.  S.  DEPARTMENT  OF  AGRICULTURE. 

DIVISION   OF   ENTOMOLOGY. 


RECENT   LAWS 


AGAINST 


INJURIOUS  INSECTS  IN  NORTH  AMERICA, 


TOGETHER   AVITH 


THE  LAWS  RELATIVE  TO  FOUL  BROOD. 


COMPILED    BY 


L.    O.    HOWARD, 

ENTOMOLOGIST. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1898. 


Bulletin  No.  13.— New  Series. 

U.  S.  DEPARTMENT  OF  AGRICULTURE. 

DIVISION   OF   ENTOMOLOGY. 


RECENT   LAWS 


INJURIOUS  INSECTS  IN  NORTH  AMERICA, 


TOGETHER   WITH 


THE  LAWS  RELATIVE  TO  FOUL  BROOD. 


COMPILED    BY 


L.    O.    HOWARD, 

ENTOMOLOGIST. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
.     1898, 


LETTER  OF  TRANSMITTAL. 


U.  S.  Department  of  Agriculture, 

Division  of  Entomology, 
Washington,  D.  C,  February  20,  1898. 
Sir:  I  have  the  honor  to  submit  for  publication  a  compilation  of 
recent  laws  and  regulations  against  injurious  insects,  and  especially 
the  San  Jose  scale,  for  the  information  of  persons  engaged  in  trade 
with  living  plants,  and  of  horticultural  and  agricultural  societies  and 
others  wishing  to  propose  legislation  of  this  kind.     For  the  benefit  of 
apiarian  interests  the  laws  relating  to  foul  brood  are  also  included. 
Respectfully, 

L.  O.  Howard,  Entomologist. 
Hon.  James  Wilson, 

Secretary  of  Agriculture. 


TABLE  OF  CONTENTS. 


State  Laws  Against  Insects:  Page. 

California 9 

Colorado 11 

Georgia 13 

Idaho 15 

Kentucky 18 

Louisiana 20 

Maryland 20 

Michigan 22 

North  Carolina 24 

Ohio 27 

Oregon 29 

Pennsylvania 30 

Utah  * 32 

Virginia 33 

Washington 31 

Proposed  National  Legislation: 

Bill  drafted  hy  Washington  convention 39 

Substitute  sections  proposed  hy  National  Nurserymen's  Association 41 

The  so-called  "  Barlow  bill" 42 

British  American  Laws  Against  Insects: 

Ontario 44 

British  Columbia 45 

State  Laws  Relative  to  Foul  Brood  : 

California 54 

Colorado 55 

Michigan 57 

Nebraska 58 

New  York 59 

Utah 60 

Wisconsin 60 

Ontario,  Canada 61 

Proposed  State  Laws  Against  the  Sax  Jose  Scale  and  Foul  Brood: 

Minnesota 64 

Florida 66 

5 


INTRODUCTION. 


In  January,  1895,  a  bulletin  somewhat  similar  to  this  was  published 
as  Bulletin  No.  33  of  the  Divisional  Series.  At  that  time  the  recently 
discovered  occurrence  of  the  San  Jose  scale  in  the  East  had  already 
induced  vigorous  discussion  at  agricultural  and  horticultural  societies 
and  conventions  on  the  desirability  of  State  legislation  in  this  direction. 
The  bulletin  in  question  was  of  such  service  as  indicating  the  desirable 
provisions  of  such  laws  and  their  proper  form  that  the  edition  soon 
became  exhausted.  The  two  years  or  more  which  have  since  elapsed 
have  been  noteworthy  in  the  interest  which  has  been  shown,  especially 
by  horticulturists,  in  the  question  of  legislation  against  injurious 
insects,  and  several  States  have  enacted  new  laws,  while  others  at  the 
present  time  have  similar  legislation  under  advisement.  There  has 
been  some  trouble  between  the  States  on  account  of  the  provisions  of 
certain  of  the  laws,  and  dealers  in  nursery  stock  and  living  plants  have 
suffered  in  some  instances  from  the  enforcement  of  these  provisions, 
and  especially  at  first  from  a  lack  of  knowledge  of  the  exact  terms  of 
such  provisions.  The  possession  of  such  a  compilation  of  recent  laws 
as  that  which  follows  would  have  been  of  considerable  service  to  such 
persons  and  will  still  doubtless  be  of  service. 

For  a  number  of  years  national  legislation  has  been  agitated  both  as 
to  the  prevention  of  the  importation  of  injurious  insects  from  abroad 
and  as  to  the  regulation  of  interstate  commerce  in  infested  plants.  At 
this  date  of  writing  no  such  national  laws  have  been  passed,  but  on 
account  of  its  general  interest  the  text  of  the  so-called  Barlow  bill  is 
given  iu  full.  The  United  States,  it  seems  to  the  writer,  needs  protec- 
tion from  abroad.  Certain  European  countries  have  for  a  number  of 
years  insisted  upon  an  inspection  certificate  of  living  plants  on  account 
of  the  supposed  danger  of  introducing  the  grapevine  Phylloxera.  More 
recently  the  Government  of  Cape  Colony  has  prohibited  the  importation 
of  living  plants  from  the  United  States,  and  at  this  moment  the  Ger- 
man Government  has  provided  for  the  inspection  of  American  fruit  and 
the  rejection  of  living  plants  coming  from  this  country. 

In  Bulletin  No.  33  were  published  two  sample  foul  brood  laws,  and  in 
response  to  a  demand  there  are  printed  in  the  present  bulletin  all,  so 
far  as  I  have  been  able  to  learn,  of  the  State  laws  which  aim  to  control 
this  disastrous  bee  disease. 

L.  O.  H. 


LAWS  RELATIVE  TO  INJURIOUS  INSECTS 
AND  FOUL  BROOD. 


STATE  LAWS  AGAINST  INSECTS 
CALIFORNIA. 

CHAPTER  183.— Laws  of  1897. 

An  Act  to  promote  the  horticultural  interests  of  the  State  hy  providing  county  hoards  of  horticulture, 
and  repealiug  the  act  entitled  "An  act  to  protect  and  promote  the  horticultural  interests  of  the 
State,"  approved  March  14,  1881,  and  certain  acts  amendatory  thereof  approved  March  19,  1889,  and 
March  31,  1801. 

Section  1.  Whenever  a  petition  is  presented  to  the  board  of  supervisors  of  any 
county  and  signed  by  25  or  more  persons,  each  of  whom  is  a  resident  freeholder  and 
possessor  of  an  orchard,  stating  that  certain  or  all  orchards,  or  nurseries,  or  trees 
of  any  variety  are  infested  with  scale  insects  of  any  kind  injurious  to  fruit,  fruit-trees, 
and  vines,  codling-moth,  or  other  insects  that  are  destructive  to  trees,  and  praying  that 
a  commission  be  appointed  by  them  whose  duty  it  shall  be  to  supervise  the  destruc- 
tion of  said  scale  insects,  as  herein  provided,  the  board  of  supervisors  shall,  within 
20  days  thereafter,  appoint  a  board  of  horticultural  commissioners,  consisting  of 
three  members,  who  shall  be  qualified  for  the  duties  of  horticultural  commissioner. 
Upon  the  petition  of  25  resident  freeholders  and  possessors  of  an  orchard,  the  board 
of  supervisors  may  remove  any  of  said  commissioners  for  cause,  after  a  hearing  of 
the  petition. 

Sec.  2.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners  in 
each  county,  whenever  it  shall  deem  it  necessary,  to  cause  an  inspection  to  be  made  of 
any  orchards,  or  nursery,  or  trees,  plants,  vegetables,  vines,  or  fruits,  or  any  fruit- 
packing  house,  storeroom,  salesroom,  or  any  other  place  or  articles  in  their  jurisdic- 
tion, and  if  found  infested  with  scale  insects,  or  codling-moth,  or  other  pests  inju- 
rious to  fruit,  plants,  vegetables,  trees,  or  vines,  or  with  their  eggs  or  larva?,  they 
shall  notify  the  owner  or  owners  or  person  or  persons  in  charge  or  in  possession  of 
the  said  places,  or  orchards,  or  nurseries,  or  trees,  or  plants,  vegetables,  vines,  or 
fruit,  or  articles  as  aforesaid,  that  the  same  are  infested  with  said  insects  or  other 
pests,  or  any  of  them,  or  their  eggs  or  larvae,  and  they  shall  require  such  person  or 
persons  to  eradicate  or  destroy  the  said  insects  or  other  pests  or  their  eggs  or  larva? 
within  a  certain  time  to  be  specified.  Said  notices  may  be  served  upon  the  person  or 
persons,  or  either  of  them,  owning  or  having  charge  or  having  possession  of  such 
infested  place,  or  orchard,  or  nursery,  or  trees,  plants,  vegetables,  vines,  or  fruit,  or 
articles,  as  aforesaid,  by  any  commissioner  or  by  any  person  deputed  by  the  said 
commissioners  for  that  purpose,  or  they  may  be  served  in  the  same  manner  as  a  sum- 
mons in  a  civil  action.  Any  and  all  such  places,  or  orchards,  or  nurseries,  or  trees, 
plants,  shrubs,  vegetables,  vines,  fruits,  or  articles  thus  infested  are  hereby  adjudged 
and  declared  to  be  a  public  nuisance;  and  whenever  such  nuisance  shall  exist  at  any 

9 


10 

place  -within  their  jurisdiction,  or  on  the  property  of  any  nonresident,  or  on  any 
property  the  owner  or  owners  of  which  can  not  be  found  by  the  county  board  of 
horticultural  commissioners*,  after  diligent  search,  within  the  county,  or  on  the  prop- 
erty of  any  owner  or  owners  upon  which  notice  aforesaid  has  been  served,  and  who 
shall  refuse  or  neglect  to  abate  the  same  within  the  time  specified,  it  shall  be  the 
duty  of  the  county  board  of  horticultural  commissioners  to  cause  said  nuisance  to 
be  at  once  abated  by  eradicating  or  destroying  said  insects  or  other  pests  or  their 
eggs,  or  larva>.  The  expense  thereof  shall  be  a  county  charge,  and  the  board  of  super- 
visors shall  allow  and  pay  the  same  out  of  the  general  fund  of  the  county.  Any 
and  all  sum  or  sums  so  paid  shall  be  and  become  a  Hen  on  the  property  and  premises 
from  which  said  nuisance  has  been  removed  or  abated  in  pursuance  of  this  act,  and 
may  be  recovered  by  an  action  against  such  property  and  premises. 

A  notice  of  such  lien  shall  be  filed  and  recorded  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  said  property  and  premises  are  situated  within  30  days 
after  the  right  to  the  said  lien  has  accrued.  An  action  to  foreclose  such  lien  shall 
be  commenced  within  90  days  after  the  filing  and  recording  of  said  notice  of  lien, 
which  action  shall  be  brought  in  the  proper  court  by  the  district  attorney  of  the 
county  in  the  name  and  for  the  benefit  of  the  county  making  such  payment  or  pay- 
ments, and  when  the  property  is  sold  enough  of  the  proceeds  shall  be  paid  into  the 
county  treasury  of  such  county  to  satisfy  the  lien  and  costs ;  and  the  overplus,  if 
any  there  be,  shall  be  paid  to  the  owner  of  the  property,  if  he  be  known,  and,  if  not, 
into  the  court  for  his  use  when  ascertained.  The  county  board  of  horticultural  com- 
missioners is  hereby  vested  with  j)Ower  to  cause  any  and  all  such  nuisances  to  be  at 
once  abated  in  a  summary  manner. 

Sec.  3.  Said  county  boards  of  horticultural  commissioners  shall  have  power  to 
divide  the  county  into  districts,  and  to  appoint  a  local  inspector,  to  hold  office  at 
the  pleasure  of  the  commissioners,  for  each  of  said  districts.  The  State  board  of 
horticulture  may  issue  commissions  as  quarantine  guardians  to  the  members  of  said 
county  board  of  horticultural  commissioners  and  to  the  local  inspectors  thereof. 
The  .said  quarantine  guardians,  local  inspectors,  or  members  of  said  count}'  boards 
of  horticultural  commissioners  shall  have  full  authority  to  enter  any  orchard,  nur- 
sery, place,  or  places  where  trees  or  plants  are  kept  and  offered  for  sale  or  otherwise, 
or  any  house,  storeroom,  salesroom,  depot,  or  any  other  such  place  in  their  jurisdic- 
tion, to  inspect  the  same  or  any  part  thereof. 

Sec.  4.  It  shall  be  the  duty  of  said  county  board  of  horticultural  commissioners  to 
keep  a  record  of  their  official  doings,  and  to  make  a  report  to  the  State  board  of  horti- 
culture, on  or  before  the  1st  day  of  October  of  each  year,  of  the  condition  of  the  fruit 
interests  in  their  several  districts,  what  is  being  done  to  eradicate  insect  pests,  also 
as  to  disinfecting  and  as  to  quarantine  against  insect  pests  and  diseases,  and  as  to 
carrying  out  all  laws  relative  to  the  greatest  good  of  the  fruit  interest.  Said  board 
may  publish  said  reports  in  bulletin  form,  or  may  incorporate  so  much  of  the  same 
in  their  annual  reports  as  may  be  of  general  interest. 

Sec.  5.  The  salary  of  all  inspectors  working  under  the  county  board  of  horticul- 
tural commissioners  shall  be  $2.50  per  day.  In  the  case  of  the  commissioners  them- 
selves, their  compensation  shall  be  $4  per  day  when  actually  engaged  in  the 
performance  of  their  duties,  and  itemized  necessary  traveling  expenses  incurred  in 
the  discharge  of  their  regular  duties  as  prescribed  in  this  act. 

Sec.  (5.  It  shall  be  the  duty  of  the  county  board  of  horticultural  commissioners  to 
keep  a  record  of  their  official  doings  and  make  a  monthly  report  to  the  board  of 
supervisors ;  aud  the  board  of  supervisors  may  withhold  warrants  for  salaries  of  said 
members  and  inspectors  thereof  until  such  time  as  said  report  is  made. 

Sec.  7.  An  act  entitled  "An  act  to  protect  and  promote  the  horticultural  interests 
of  the  State,"  approved  March  14,  1881,  and  certain  acts  amendatory  thereof  approved 
March  11),  1889,  and  March  31,  1891,  are  hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 

Approved  March  31,  1897. 


11 

COLORADO. 

CHAPTER  55.— Laws  of  1897. 

An  Act  concerning  horticulture,  .and  to  repeal  sections  5, 6,  7, 8,  and  9  of  an  act  entitled  "An  act  to 
create  State  and  county  hoards  of  horticulture,  define  their  duties  and  compensation,  to  protect 
and  promote  the  horticultural  interests  of  the  State,  and  to  repeal  an  act  to  establish  a  bureau  of 
horticulture,  approved  March  8,  1883,"  approved  April  5,  1893. 

Section  1.  Whenever  a  petition  is  presented  to  the  board  of  county  commis- 
sioners ot  any  county,  signed  by  thirty-five  (35)  freeholders  each  one  of  whom  shall 
be  the  owner  of  an  orchard  of  at  least  two  acres  situate  and  growing  in  said  county, 
stating  that  in  their  opinion  a  necessity  exists  for  protecting  the  horticultural  inter- 
ests of  s:iid  county,  diminishing  and  destroying  fruit  pests,  and  diseases  and  insects 
injurious  to  fruit  trees,  plants,  vines,  and  shrubs,  the  said  county  commissioners 
shall  appoint  a  competent,  experienced  horticulturist,  a  person  who  shall  be  known 
as  the  county  horticultural  inspector,  who  shall  hold  his  office  for  the  period  of  one 
year,  unless  otherwise  terminated  by  said  board  of  county  commissioners.  It  shall 
be  the  duty  of  the  professor  of  entomology  of  the  State  agricultural  college  at  Fort 
Collins,  in  this  State,  to  examine  all  persons  applying  for  a  license  as  a  horticultural 
inspector,  and  if  found  competent  and  fully  qualified  to  perform  the  duties  of  the 
office,  he  shall  issue  to  such  applicant  a  license  as  a  county  horticultural  inspector, 
which  license  shall  certify  to  the  competence  of  such  applicant,  and  shall  authorize 
him  to  act  as  an  inspector  in  any  county  in  the  State  for  a  period  of  two  years  from 
its  date. 

Said  professor  shall  receive  for  such  services  a  fee  of  five  dollars  from  such  appli- 
cant. No  person  shall  enter  upon  the  duties  of  the  office  of  such  inspector,  nor 
continue  in  the  performance  thereof,  unless  holding  such  a  license.  Such  inspector 
shall  also  give  a  good  and  sufficient  bond  before  entering  upon  the  duties  of  his 
office  in  the  sum  of  one  thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  the  office,  the  surety  on  which  bond  may  be  a  good  and  responsible 
guarantee  company,  and  shall  be  approved  by  the  board  of  county  commissioners. 
Said  inspector  shall  have  the  power  to  appoint  as  many  deputies  as  may  be  neces- 
sary, subject  to  the  approval  of  the  county  commissioners,  who  shall  act  under  the 
direction  and  with  the  authority  of  said  inspector.  Said  inspector  shall  be  paid  for 
his  services  the  sum  of  four  (4)  dollars  per  day  and  said  deputies  two  dollars  and 
fifty  cents  per  day  ont  of  the  county  treasury  for  as  many  days'  services  rendered  as 
the  board  of  county  commissioners  shall,  by  resolution,  authorize.  It  shall  be  the 
duty  of  such  inspector  and  his  deputies  to  keep  a  complete  record  of  their  official 
doings  and  to  make  a  quarterly  report  thereof  to  the  board  of  county  commissioners 
of  said  county,  who  shall  withhold  the  warrant  for  the  salary  of  any  delinquent 
inspector  or  deputy  until  such  report  is  made.  The  inspector  shall  furnish  each 
owner  or  manager  of  an  orchard  or  vineyard  within  his  jurisdiction  such  blanks  as 
may  be  provided  by  the  State  board  of  horticulture,  containing  questions  and 
inquiries  as  to  the  condition  of  his  orchard  or  vineyard  and  the  extent  to  which  the 
requirements  of  the  inspector  have  been  complied  with.  Such  owner  or  manager 
shall  fill  out  said  blanks  and  return  them  to  the  inspector,  who  shall  transmit  them 
to  the  State  board  of  horticulture.  The  board  of  county  commissioners  shall  have 
the  power  to  remove  any  inspector  or  deputy  who  shall,  in  their  judgment,  fail  to 
perform  the  duties  of  the  office. 

Sec.  2.  No  person  or  persous,  either  as  an  owner,  agent,  servant,  employee,  or 
common  carrier  shall  bring  or  cause  to  be  brought  into  any  county  in  the  State  of 
Colorado  having  a  county  horticultural  inspector,  from  any  district,  county,  State 
or  foreign  country,  any  trees,  vines,  shrubs,  scions,  cuttings,  grafts,  fruits  or  fruit 
pits,  without  giving  notice  of  their  arrival  at  their  destination  within  24  bonis  there- 
after, to  the  horticultural  inspector  of  said  county;  nor  keep,  sell,  plant,  expose  for 
sale,  deliver,  give  away  or  otherwise  distribute  any  of  the  articles  mentioned  in  this 
section,  or  cause  or  permit  the  same  to  be  done,  except  upon  order  of  the  county 


12 

inspector  and  until  they  shall  first  have  been  inspected  as  hereinafter  provided,  and 
disinfected  to  the  satisfaction  of  the  said  inspector. 

Sec.  3.  Whenever  the  county  horticultural  inspector  shall  be  notified  of  the  arrival 
of  any  of  the  articles  enumerated  in  section  2  of  this  act,  he  shall  within  48  hours 
make  a  careful  inspection  of  the  same,  and  if  any  such  articles  shall  be  found  by  him 
to  be  infested  with  any  disease,  live  scale,  or  insect  pests,  detrimental  or  injurious 
to  fruit  trees  or  the  product  thereof,  or  to  plant  life,  such  infested  articles  shall  be 
removed  from  the  limits  of  the  county  within  4X  hours  thereafter,  at  the  expense  of 
the  owner,  agent  or  shipper,  or  shall  be  destroyed.  The  owner,  agent  or  shipper 
shall  have  the  right  to  elect  as  to  the  removal  of  such  infested  articles  from  the 
county,  or  to  have  the  same  destroyed  by  order  and  under  the  direction  of  said 
inspector. 

Sec.  4.  The  county  horticultural  inspector  shall  have  the  power  to  establish  and 
maintain  quarantine  and  inspecting  stations  within  his  county,  whenever  and  wher- 
ever the  same  may  be  authorized  by  the  board  of  county  commissioners,  and  of  such 
character  as  they  shall  direct. 

Sec.  5.  If  the  result  of  the  inspection  of  the  county  horticultural  inspector  shall 
be  to  put  any  of  the  articles  mentioned  in  section  2  of  this  act  in  quarantine,  such 
articles  shall  be  exempt  from  removal  from  the  county  during  the  pendency  of  such 
quarantine  regulations.  Whenever  said  inspector  shall  deem  it  necessary  to  the 
safety  of  the  horticultural  interests  of  his  county,  he  may  hold  in  quarantine  for 
information,  subsequent  inspection  or  disinfection  and  final  order  relative  thereto, 
any  of  the  articles  enumerated  in  said  section  2  of  this  act  for  such  reasonable  time 
as  in  his  judgment  is  necessary,  without  unreasonable  delay. 

Sec.  6.  Any  person  or  persons  who  shall  ship  or  bring  or  cause  to  be  brought  or 
shipped  into  any  county  of  the  State  having  a  county  horticultural  inspector  any  of 
the  articles  mentioned  in  section  2  of  this  act,  shall  have  placed  upon  or  securely 
attached  to  each  box,  package,  or  separate  parcel  of  such  articles,  a  distinct  mark 
or  label  showing  the  name  of  the  owner,  agent,  or  shipper,  the  name  of  the  grower, 
and  any  further  evidence  necessary  to  determine  the  locality  where  grown. 

Sec.  7.  It  shall  be  the  duty  of  the  county  horticultural  inspector  in  each  county, 
whenever  he  shall  deem  it  necessary,  to  make  an  inspection  of  any  orchard,  nursery, 
or  trees,  or  any  fruit-packing  house,  storeroom,  salesroom,  or  other  place,  or  article 
within  his  jurisdiction,  and  if  found  infested  with  insects,  or  pests  or  diseases  inju- 
rious to  fruit,  fruit  trees,  vines,  bushes,  or  other  horticultural  interests,  he  shall 
notify  the  owner  or  owners,  or  person  or  persons  in  charge  or  in  possession  of  such 
trees,  place,  or  other  thing  as  aforesaid,  that  the  same  or  any  of  them  are  infested 
with  insects  or  their  eggs  or  larva?,  or  with  fruit  or  fruit-tree  diseases,  and  shall 
give  a  formula  for  the  treatment  thereof,  and  such  person  or  persons  so  notified  shall 
eradicate  or  destroy  the  said  insects  or  pests,  or  their  eggs  or  larva-,  within  a  certain 
time  to  be  specified  in  said  notice.  Said  notices  may  be  served  upon  the  person  or 
persons,  or  either  of  them,  owning  or  having  charge  or  having  possession  of  such 
infested  place,  trees,  or  other  thing  as  aforesaid,  by  the  inspector  or  any  deputy 
inspector.  Any  and  all  such  places,  trees,  or  other  thing  thus  infested  are  hereby 
declared  and  adjudged  to  be  a  public  nuisance.  Whenever  any  such  nuisance  shall 
exist  at  any  place  within  his  jurisdiction  on  the  property  of  any  nonresident,  or  on 
any  property  the  owner  or  owners  of  which  can  not  be  found  by  the  inspector  after 
diligent  search  within  the  county,  or  on  the  property  of  any  owner  or  owners  upon 
which  notice  has  been  served  and  who  refuses  or  neglects  to  abate  the  same  within 
the  time  specified,  or  to  follow  the  directions  given  by  said  inspector  for  disinfecting 
the  same,  it  shall  be  the  duty  of  such  inspector  to  cause  the  same  to  be  at  once 
abated  by  eradicating  or  destroying  said  insects  or  other  pests,  their  eggs  or  larva*, 
so  far  as  practicable,  and  he  may,  if  necessary,  cut  back,  disinfect,  fumigate,  or 
burn  said  infested  trees,  vines,  and  shrubs,  as  well  as  other  articles  in  the  vicinity 
which  arc  also  infested,  but  the  inspector  shall  not  proceed  to  abate  any  such  nui- 
sance where  Ins  directions  have  been  followed. 


13 

The  expense  thereof  shall  be  first  paid  by  the  county  upon  filing  of  proper  vouchers 
therefor.  Any  and  all  sums  so  paid,  together  with  the  inspectors  [inspector's]  salary 
while  engaged  upou  said  property,  shall  he  and  become  a  lien  on  the  property  and 
premises  from  which  said  nuisance  has  been  removed  or  abated,  in  pursuance  of  this 
act,  upon  the  filing  with  the  county  clerk  and  recorder  of  the  said  county,  a  sworn 
statement  showing  the  itemized  amount  of  such  sum  or  sums,  and  a  description  of 
such  property  or  premises.  Such  lien  may  be  foreclosed  by  an  action  against  such 
property  and  premises,  which  action  shall  be  brought  by  the  district  attorney  in  the 
name  and  for  the  benefit  of  the  county  making  such  payment.  When  the  property 
is  sold  the  proceeds  thereof  shall  be  paid  into  the  county  treasury  of  such  county  to 
satisfy  the  lien  and  costs,  and  the  surplus,  if  any,  shall  be  paid  to  the  owner  by  order 
of  the  board  of  county  commissioners,  upon  his  applying  therefor. 

Sec.  8.  It  shall  be  unlawful  for  any  person  or  persons  to  spray  fruit  trees  while  in 
bloom  with  any  substance  injurious  to  bees. 

Sec.  9.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  10  nor  more  than  100  days,  or  by  a  fine  of  not 
less  than  $10  nor  more  than  $100.  Any  justice  of  the  peace  or  district  or  county 
courts  of  the  respective  counties  shall  have  jurisdiction  to  try  any  case  arising  under 
4he  provisions  of  this  act. 

Sec.  10.  Sections  5,  6,  7,  8,  and  9  of  an  act  entitled  "An  act  to  create  State  and 
county  boards  of  horticulture;  define  their  duties  and  compensation;  to  protect  and 
promote  the  horticultural  interests  of  the  State,  and  to  repeal  an  act  to  establish  a 
bureau  of  horticulture,  approved  March  8,  1883/'  approved  April  5,  1893,  are  hereby 
repealed. 

Sec.  11.  In  the  opinion  of  the  general  assembly  an  emergency  exists,  therefore  this 
act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  April  16,  1897. 


GEORGIA. 

No.  346. 

An  Act  to  require  the  commissioner  of  agriculture  to  establish  a  special  department  of  horticul- 
ture and  pomology,  to  employ  an  entomologist,  fix  his  salary  and  define  his  duties,  to  provide  for 
inspection  of  fruit  trees,  fruit,  vineyard,  melon  and  vegetable  farms,  and  prevent,  diminish  and 
destroy  contagious  diseases  and  destructive  insects  in  orchards,  vineyards,  and  other  places;  to 
provide  boards  of  arbitration,  fix  their  powers,  define  their  duties,  aud  provide  for  their  costs;  to 
provide  funds  for  the  maintenance  of  said  department,  to  prescribe  penalties  for  violations,  and  for 
other  purposes. 

Be  it  enacted  by  the  (jeneral  assembly  of  Georgia: 

Section  1.  That  from  and  after  the  passage  of  this  act,  the  commissioner  of  agri- 
culture of  this  State  shall  establish  and  operate  a  special  department  of  horticulture 
and  pomology  in  connection  with  and  to  be  a  part  of  the  department  of  agriculture, 
and  said  special  department  to  be  under  the  direct  control  and  management  of  the 
commissioner  of  agriculture,  who  shall  formulate  such  rules  and  regulations  as  he 
may  deem  best  for  the  success  of  said  special  department  and  the  carrying  out  of  the 
purposes  and  intent  of  this  act. 

Sec.  2.  That  the  commissioner  of  agriculture  shall  employ  and  appoint  one  com- 
petent person,  who  shall  be  recommended  by  the  State  horticultural  society,  and 
who  shall  be  an  entomologist  especially  qualified  by  practical  experience  and  a 
thorough  knowledge  of  horticultural  and  pomological  science,  for  the  term  of  two 
years,  to  assist  him  in  operating  said  special  department  and  perform  such  duties  as 
may  be  required  of  him  by  the  commissioner  of  agriculture  in  connection  with  said 
special  department. 


14 

Sec.  3.  It  shall  be  the  duty  of  said  entomologist  after  subscribing  to  an  oath  for  the 
faithful  performance  of  all  duties  required  of  him  by  direction  of  commissioner  of 
agriculture,  to  encourage  practical  horticulture  and  pomology  in  this  State;  to 
collect,  compile,  compose  and  distribute  information  and  statistics  on  these  subjects 
of  a  practical,  specific  and  general  character  among  the  fruit  and  vegetable  growers 
of  the  State;  to  visit  horticultural,  fruit,  melon,  and  vegetable  growing  sections  of 
the  State,  to  inspect  orchards,  fruit  trees,  vineyards,  melon  farms,  vegetable  farms, 
nurseries,  plants,  grafts,  scions,  packing  houses,  fruit  cars,  fruit  packages,  boxes 
and  other  materials  used  for  handling,  marketing  and  shipping  fruits,  melons  and 
vegetables. 

Sec.  4.  Said  entomologist  shall  upon  discovery  of  any  infectious  or  contagious 
disease  or  insect  pests,  injuries  to  fruit  trees,  melons,  vineyards,  plants,  or  vegetables, 
report  the  same  in  detail  to  the  commissioner  of  agriculture,  together  with  all  the 
information  he  can  obtain  by  correspondence,  books,  practical  experience,  personal 
observation,  or  otherwise,  as  to  origin,  effect,  habit,  experience  with,  treatment  of 
and  remedies  for  such  diseases,  pests,  or  infections,  and  shall  make  such  suggestions 
as  will  tend  to  diminish  or  destroy  such  diseases  and  insect  i>ests,  and  perform  such 
other  acts  and  duties,  by  direction  of  the  commissioner  of  agriculture,  as  will  sub- 
serve the  public  good  in  extension  and  protection  of  the  horticultural  and  pomo- 
logical  interest  of  the  State. 

Sec.  5.  That  when  complaint  is  made,  or  information  comes  to  the  commissioner  of 
agriculture,  that  there  exists  in  any  orchard,  fruit  trees,  vineyard,  melon  farm,  vege- 
table farm,  fruit  packinghouse,  storeroom,  sales  room,  or  any  other  place  in  this 
State,  or  contagious  diseases,  or  that  are  infected  with  destructive  insects,  or  the  eggs 
or  larva?  of  such  insects,  or  that  any  package  of  trees,  fruit,  or  plants,  are  in  transit 
to  this  State,  or  in  the  State,  being  or  to  be  distributed,  which  are  known  or  sus- 
pected to  be  from  localities  that  are  infected  with  contagious  diseases,  pests,  or 
insects  which  are  injurious  to  the  fruit,  melon,  or  vegetable  interest  of  this  State, 
he  shall  cause  the  entomologist  to  inspect  the  premises  or  property  to  which  such 
complaint  or  information  relates,  and  if  the  same  be  found  to  be  diseased  or  infected, 
as  aforesaid,  the  commissioner  of  agriculture  shall  order,  in  writing,  the  person  or 
persons  owning  or  having  in  charge  the  premises  or  property  so  infected,  to  destroy, 
disinfect,  or  remove  from  the  State  the  same,  as  he  deems  for  the  best  interest  of  the 
State,  within  five  days  after  the  receipt  of  said  notice. 

Sec.  6.  That  any  person  or  persons  receiving  notice  from  the  commissioner  of 
agriculture  to  destroy,  remove  or  disinfect  any  such  diseased  or  infected  premises 
or  property,  shall  within  five  days  from  the  receipt  thereof  destroy,  remove,  or  dis- 
infect said  premises  or  property,  as  directed  by  said  commissioner,  and  notify  him 
that  the  same  has  been  done;  or,  should  said  person  or  persons  so  notified  object  to 
compliance  with  the  order  of  the  commissioner  of  agriculture,  he  shall  within  live 
days  from  the  receipt  of  said  notice  inform  said  commissioner,  in  writing,  setting 
forth  his  objections  and  reasons  for  refusal  to  comply  with  his  order.  It  shall  then 
be  the  duty  of  said  commissioner  to  notify  said  objector  of  his  intention  to  arbitrate 
the  case,  as  hereinafter  provided. 

Sec.  7.  That  in  all  cases  of  disagreement,  arising  under  this  act,  between  the 
commissioner  of  agriculture  and  any  person  or  persons  objecting  to  the  execution  of 
his  order  in  reference  to  destroying,  removing,  or  disinfecting  property,  the  com- 
missioner of  agriculture  shall  select  one  person,  the  objector  shall  select  one  person, 
and  the  said  two,  so  selected,  shall  select  a  third  person,  all  of  whom  shall  be  citi- 
zens of  the  county  of  this  State  where  the  cause  pending  originated,  and  they  shall 
be,  and  are  hereby  constituted  a  board  of  arbitration  with  power  to  try  any  case 
arising  under  this  act. 

Sec.  8.  That  said  board  of  arbitrators,  when  appointed,  after  taking  the  usual 
oath  of  arbitrators,  shall  immediately  notify  all  parties  at  interest  of  the  day,  time, 
and  place  of  their  meeting,  to  try  said  cause;  and  they  shall  take  testimony,  try,  and 
adjudge  said  matter  and  render  their  decision,  in  writing,  to  both  the  objector  and 


15 

commissioner  of  agriculture;  and  if  their  decision  be  against  the  objector,  they  shall 
place  the  order  of  the  commissioner  of  agriculture  in  reference  thereto  in  the  hands 
of  the  sheriff  or  his  deputy,  who  shall  immediately  proceed  to  execute  the  same  and 
collect  all  costs  of  said  trial,  including  one  dollar  each  for  the  arbitrators,  from  the 
objector;  but  if  their  decision  shall  be  in  favor  of  the  objector,  then  all  costs, 
including  the  sum  of  one  dollar  each  for  the  arbitrators,  to  be  paid  by  the 
county  in  which  said  cause  was  tried.  Said  board  shall  have  power  to  subpoena 
and  require  the  presence  of  such  witnesses  as  may  be  needed  in  any  investigation 
pending  before  them,  in  the  same  manner  as  justices  of  the  peace  may  do. 

Sec.  9.  That  any  person  or  persons  refusing  or  failing  to  obey  the  order  of  the 
commissioner  of  agriculture  in  reference  to  destroying,  removal,  or  disinfection  of 
premises  or  property  in  their  possession,  infected  or  diseased  as  aforesaid,  and  who 
shall  fail  to  notify  said  commissioner,  as  heretofore  provided,  or  shall  refuse  to  appoint 
an  arbitrator  or  arbitrate  said  cause,  as  provided  in  this  act,  or  shall  hinder  or  pre- 
vent the  sheriff  or  his  deputy  from  executing  said  order,  or  shall  prevent  the  ento- 
mologist from  entering  upon  premises  or  inspecting  property  suspected  or  known  to 
be  diseased  or  infected,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished,  as  prescribed  in  section  1039,  volume  3,  of  the  Code  of  1895. 

Sec.  10.  That  the  sum  of  twenty-five  hundred  dollars  ($2,500),  or  so  much  thereof 
as  may  be  necessary,  shall  become,  and  is  hereby,  made  a  charge  against  the  annual 
appropriation  of  ten  thousand  dollars,  which  latter  was  made  for  the  purpose  of 
carrying  out  the  designs  for  which  the  department  of  agriculture  was  instituted; 
and  the  said  twenty-five  hundred  dollars  shall  be  used  by  the  commissioner  of  agri- 
culture to  pay  an  annual  salary,  not  to  exceed  fifteen  hundred  dollars  ($1,500)  per 
annum,  to  an  entomologist,  and  to  pay  the  actual  and  necessary  expenses  of  said 
special  horticultural  and  pomological  department,  not  to  exceed  the  sum  of  one 
thousand  dollars. 

Sec.  11.  That  all  laws  and  parts  of  laws  in  conflict  with  this  act  be,  and  the  same 
are  hereby,  repealed. 

Approved  December  21, 1897. 


IDAHO. 

S.  B.  No.  79. — Relating  to  Horticulture. 

An  Act  to  create  and  define  the  duties  of  State  board  of  horticultural  inspection,  appropriate  money 
for  the  expense  thereof,  and  to  prevent  the  gift,  sale,  distribution,  transportation,  or  planting  of 
infested  trees,  plants,  cuttings,  grafts,  scions,  buds,  or  other  horticultural  material;  and  to  provide 
for  disinfection  or  destruction  of  the  same,  and  prescribing  penalties  for  failure  to  comply  with  the 
provisions  of  this  act. 

Be  it  enacted  by  the  legislature  of  the  State  of  Idaho: 

Section  1.  There  is  hereby  created  the  State  board  of  horticultural  inspection, 
which  board  shall  consist  of  five  members,  as  follows:  The  professors  of  botany  and 
zoology  of  the  University  of  Idaho  shall  be  ex-officio  members  of  said  board  and  the 
other  three  members  shall  be  appointed  by  the  governor  of  the  State  as  soon  as  may 
be  after  the  passage  of  this  act,  and  shall  hold  their  ofiices  for  the  term  of  three 
years  or  until  their  successors  are  appointed  and  qualified,  and  in  making  said 
appointments  the  governor  shall  consider  the  recommendations  of  the  "State  Hor- 
ticultural Society  "'  as  the  proper  persons  to  be  appointed :  Provided,  That  of  the 
three  members  of  said  board  first  appointed  after  the  passage  of  this  act,  one  shall 
hold  his  office  for  one  year,  one  for  two  years,  and  one  for  three  from  the  date  of  his 
appointment. 

Sec.  2.  Before  entering  on  the  duties  of  his  office,  each  member  of  said  board 
shall  take  and  subscribe  the  official  oath  prescribed  for  State  officers,  which  oath 
shall  be  filed  in  the  office  of  the  secretary  of  state. 


16 

Sec.  3.  Said  board  shall  meet  on  March  15,  1897,  when  it  shall  elect  a  president 
and  a  secretary  from  its  number,  who  shall  hold  their  offices  during  the  pleasure  of 
the  board.  The  secretary  shall  perform  such  duties  as  may  be  prescribed  by  the 
board,  and  shall  receive  such  compensation  as  the  board  may  establish,  not  exceed- 
ing two  hundred  and  fifty  dollars  per  annum.'  Said  board  shall  meet  annually  at 
such  times  aud  at  such  places  as  it  shall  be  determined. 

Sec.  4.  Said  board  shall  at  its  first  meeting  divide  the  State  into  not  more  than 
ten  districts,  and  shall  appoint  a  "  State  horticultural  inspector"  for  each  district  so 
established.  The  persons  so  appointed  shall  be  especially  qualified  for  the  position 
by  reason  of  practical  knowledge  of  horticulture  and  the  pests  incident  thereto. 
Their  jurisdiction  shall  be  limited  to  their  respective  districts.  Said  inspectors 
shall  hold  their  offices  during  the  pleasure  of  said  board,  and  shall  be  furnished  with 
all  necessary  stationery  and  blanks  by  said  board.  Said  board  shall  make  an  esti- 
mate of  the  amount  of  money  available  for  each  of  said  districts  each  year,  and  no 
inspector  shall  incur  any  expense  of  any  kind  under  this  act  in  excess  of  said  esti- 
mate furnished  him  by  said  State  board.  The  aggregate  sum  of  all  the  estimates 
furnished  to  the  various  district  inspectors  for  any  year  must  in  no  case  exceed  the 
appropriation  available  for  carrying  out  this  act  for  such  year. 

Sec.  5.  Each  inspector  so  appointed  shall  receive  as  compensation  for  his  services 
as  such  inspector  the  sum  of  five  dollars  per  day  for  each  day  actually  and  neces- 
sarily employed  in  the  discharge  of  his  duties  as  prescribed  in  this  act.  Such  com- 
pensation shall  be  paid  out  of  the  general  fund  of  the  State,  upon  warrants  duly 
drawn  by  the  State  auditor,  only  after  the  bills  presented  for  such  service  shall  have 
been  audited  and  approved  by  the  secretary  and  a  majority  of  the  members  of  said 
board  and  audited  as  other  bills  against  the  State  of  Idaho. 

Sec.  6.  It  shall  be  the  duty  of  said  State  inspectors,  either  upon  their  own  motion 
or  upon  the  complaint  of  interested  parties,  to  enter  and  make,  or  cause  to  be  made, 
inspections  of  any  field,  rights  of  way  of  irrigation  canals  or  railways,  public  high- 
ways, orchard,  nursery,  fruit-packing  houses,  storeroom,  salesroom,  depot,  or  other 
place  where  fruits  are  grown  or  stored,  aud  of  fruits,  trees,  plants,  vines,  or  other 
horticultural  material  within  the  State,  supposed  to  be  or  liable  to  be  infested  with 
fruit  pests,  or  with  their  eggs,  or  larvae,  or  infested  with  contagious  disease  injurious 
to  fruits,  plants,  trees,  or  vines,  as  hereinafter  provided. 

The  inspector  shall  require  such  person  or  persons  to  eradicate  or  destroy  such 
injurious  pests  or  other  insects  or  their  eggs  or  larvae  within  a  reasonable  time,  to  be 
specified;  said  notice  shall  be  served  on  said  person  or  persons,  or  either  of  them, 
owning  or  having  in  charge  such  infested  place,  orchard,  nursery,  trees,  plants, 
vines,  fruit,  or  articles  as  visited  by  the  inspector,  or  it  may  bo  served  in  the  same 
manner  as  the  summons  in  a  civil  action.  If  the  owner  or  owners,  or  the  person  or 
persons  in  charge  or  possession  of  any  orchard  or  nursery,  or  trees  or  places,  or  hor- 
ticultural articles  infested  with  insects  or  any  of  them,  or  their  larvae  or  eggs,  after 
having  been  notified  as  above  to  destroy  the  same,  shall  fail,  neglect,  or  refuse  to 
do,  then  any  and  all  such  places,  public  highways,  orchards,  nurseries,  trees,  plants, 
vines,  fruit,  or  articles  thus  infested  are  adjudged  and  declared  to  be  a  public  nui- 
sance, and  shall  be  proceeded  against  as  such;  aud  whenever  any  such  nuisance  shall 
exist  at  any  place  in  the  State,  or  on  the  property  of  any  uonresident,  or  on  any 
highway  as  aforesaid,  or  on  any  property  the  owner  or  owners  of  which  can  not  be 
found  within  the  State,  or  on  any  property  where  notice  has  been  served  as  aforesaid 
and  where  the  owner  or  those  in  possession  shall  refuse  or  neglect  to  abate  such 
nuisance  within  the  time  specified,  it  shall  be  the  duty  of  the  inspector  within  the 
county  or  district  wherein  the  nuisance  is  to  be  abated,  and  he  is  hereby  empowered 
to  cause  said  nuisance  to  be  abated  at  once  by  eradicating  or  destroying  all  said 
pests  or  their  eggs  or  larvae  ;  or  by  disinfecting  or  destroying  all  fruit,  vines,  plants, 
or  other  articles  upon  which  any  of  said  fungus  diseases,  pests,  or  their  eggs  or  larvae 
maybe  found.  The  expense  of  such  proceedings  shall  be  paid  out  of  the  general 
fund  of  the  State  in  the  same  manner  as  above  set  forth  for  paying  such  inspectors. 


17 

Sec.  7.  The  inspectors  are  hereby  invested  with  all  necessary  authority  to  enforce 
quarantine  against  any  infested  fields,  lots,  orchards,  nurseries,  trees,  plants,  shrubs, 
vines,  buds  or  scions,  fruits,  or  any  place  or  article  within  the  State  when  the  same 
may  be  liable  to  spread  contagious  diseases  injurious  to  fruit  or  trees,  or  fruit  crops 
of  any  kind,  and  to  provide  necessary  rules  and  regulations  to  govern  the  same. 

Sec.  8.  For  the  purpose  of  disseminating  knowledge  conccruing  contagious  dis- 
eases or  injurious  j>ests  affecting  trees,  plants,  vines,  or  fruits,  and  the  remedies,  pre- 
ventives, and  disinfectants  applicable  thereto,  the  board  shall  from  time  to  time,  as 
it  may  deem  necessary,  have  printed  bulletins  containing  such  information,  reme- 
dies, preventives,  and  disinfectants  as  it  may  approve,  which  bulletins  shall  be  cir- 
culated among  the  fruit  growers,  fruit  dealers,  shippers,  transportation  companies  of 
horticultural  products,  and  their  agents  within  the  State. 

Sec.  9.  All  peach,  nectarine,  apricot,  plum,  prune,  almond,  or  other  trees,  budded 
or  grafted  upon  peach  stocks  or  roots;  all  peach  or  other  pits,  cuttings,  buds,  or 
scions  raised  or  grown  in  a  district  where  "peach  yellows"  or  "peach  rosette"  is 
known  to  exist,  are  hereby  prohibited  from  being  offered  for  sale,  gift,  distribution, 
transportation,  or  planting  within  the  State  of  Idaho.  Any  person,  persons,  dealers, 
shippers,  transportation  companies  or  their  agents  who  shall  be  in  possession  of  any 
such  property  for  any  purpose  shall,  when  required  by  the  inspector,  burn  the  same 
without  delay. 

Sec.  10.  Fruit  of  any  kind,  trees,  plants,  cuttings,  grafts,  buds,  seeds,  scions,  pits, 
or  transportable  material  of  any  kind  grown  in  any  foreign  country  or  in  any  of  the 
United  States  or  Territories,  infested  by  any  insect  or  insects,  or  their  eggs  or  larvre, 
seeds  of  weeds,  or  by  any  fungus  or  other  disease  or  their  germs,  known  to  be  inju- 
rious to  fruit,  or  fruit  trees  or  to  other  trees,  and  liable  to  spread  contagion,  are 
hereby  prohibited  from  being  offered  for  sale,  gift,  distribution,  transportation,  or 
planting  in  any  county  of  this  State  until  the  same  shall  have  been  examined  by 
the  State  inspector  for  such  county  or  district,  and  if  found  diseased  or  infested, 
shall  have  been  thoroughly  disinfected  as  may  be  required  by  the  inspector,  the 
owner  to  pay  the  actual  expense  of  such  disinfection. 

Sec.  11.  Any  person  or  persons  shipping  fruit  or  fruit  trees,  scions,  cuttings,  or 
plants  within  the  State  shall  affix  to  each  package  or  parcel  containing  the  same  a 
distinct  mark,  stamp,  or  label,  showing  the  name  of  the  produce  and  the  shipper  of 
the  same  and  the  locality  where  grown. 

Sec.  12.  Any  person,  persons,  dealers,  or  shippers  having  in  their  possession  any 
fruit,  trees,  plants,  cuttings,  grafts,  buds,  seeds,  pits,  scions,  or  other  transportable 
horticultural  stock  of  any  kind  infested  with  any  injurious  insects  or  their  germs,  or 
with  any  fungus  or  other  diseases  injurious  to  fruit  or  fruit  trees,  or  to  other  trees  or 
plants,  or  who  shall  sell  or  offer  for  sale,  gift,  distribution,  transportation,  or  plant- 
ing, or  who  shall  refuse  or  neglect  to  destroy  or  disinfect  (as  provided  in  this  act  or 
as  ordered  by  the  inspector  of  his  district)  the  said  fruit  or  trees,  plants,  cuttings, 
pits,  scions,  or  other  material,  or  Avho  shall  refuse  or  neglect  to  attach  a  distinct 
mark  or  label  as  hereinbefore  provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  twenty-five  nor  more  than 
five  hundred  dollars. 

Sec.  13.  Each  inspector  shall  make  a  detailed  report  of  all  his  official  acts  to  the 
secretary  of  said  board  on  the  first  day  of  every  month,  which  report  shall  be  under 
oath  and  shall  include  a  statement  of  the  number  of  days  actually  and  necessarily 
employed  and  miles  traveled  as  such  inspector  during  said  month,  and  a  detailed 
statement  of  the  amount  due  him  or  to  other  persons  for  services  or  expenses  incurred 
in  carrying  out  the  provisions  of  this  act.  The  secretary  of  said  State  board  shall 
audit  all  such  bills  and  shall  submit  them  by  mail  to  each  member  of  said  State 
board  for  approval  and  signature.  If  approved  by  a  majority  of  said  board  said 
bills  shall  be  transmitted  to  the  State  auditor  and  they  shall  be  audited  and  paid  as 
other  claims  against  the  State :  Provided,  Such  bills  shall  not  be  so  sent  by  mail  to 

14670— No.  13 2 


18 

the  members  of  the  board  during  the  mouth  iu  which  occurs  the  annual  meeting  of 
said  board,  hut  shall  be  submitted  at  such  meeting. 

Sec.  14.  The  members  of  the  board  shall  serve  without  compensation,  but  shall 
receive  actual  expenses  incurred  in  attending  the  meetings  of  the  board. 

Sec.  1").  All  county  officers  shall  be  liable  on  their  official  bonds  for  the  proper 
performance  of  any  duties  imposed  by  this  act. 

Sec.  16.  Inexcusable  neglect  or  refusal  to  comply  with  the  orders  of  a  State 
inspector,  made  in  pursuance  of  the  provisions  of  this  act,  shall  constitute  a  misde- 
meanor, and  shall  be  punished  as  provided  for  misdemeanors  in  section  13  of  this  act. 

Sec.  17.  There  is  hereby  appropriated  out  of  any  money  in  the  State  treasury  not 
otherwise  appropriated  for  carrying  out  the  provisions  of  this  act  for  the  period 
ending  with  the  close  of  the  liscal  year  of  1898  the  sum  often  thousand  five  hundred 
dollars,  or  so  much  thereof  as  may  be  necessary,  of  which  not  more  than  one  thou- 
sand five  hundred  dollars  shall  be  available  for  paying  the  expenses  of  the  State 
board,  the  secretary,  stationery,  postage,  and  printing;  and  nine  thousand  dollars 
for  payment  of  the  per  diem  of  the  inspectors  and  of  expenses  incurred  by  them  in 
carrying  out  the  provisions  of  this  act.  The  State  auditor  shall  draw  warrants 
against  said  appropriation  in  favor  of  the  proper  persons  upon  bills  properly 
approved  by  a  majority  of  said  State  board,  and  audited  as  provided  by  law  for 
other  claims  against  the  State. 

Sec.  18.  Whereas  there  is  great  danger  to  the  horticultural  interests  of  the  State 
of  Idaho  from  pests  and  other  causes  for  which  no  adequate  remedy  has  been  pro- 
vided, this  act  shall  take  effect  from  and  after  its  approval  by  the  governor. 

Sec.  19.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Approved  March  12,  1897. 


KENTUCKY. 
Laws  of  1897. 


An  An  to  provide  for  the  inspection  of  nursery  stock  and  to  prevent  the  dissemination  of  noxious 

insects  and  fungi. 

Section  1.  That  all  nurseries  in  Kentucky,  where  trees,  vines,  plants  or  other  nur- 
sery stock  are  grown  and  offered  for  sale,  shall  be  inspected  by  the  entomologist  and 
botanist  of  the  State  agricultural  station  once  each  year  at  such  time  as  he  may 
elect,  and  he  shall  notify,  in  writing,  the  owners  of  such  nurseries,  the  commissioner 
of  agriculture  and  statistics,  the  director  of  the  State  agricultural  experiment  sta- 
tion, and  the  president  of  the  State  horticultural  society  of  the  presence  of  any  San 
Jose  scale  or  other  destructively  injurious  insects  or  fungi  on  the  trees,  vines,  plants, 
or  other  stock  of  such  nurseries,  and  shall  also  notify,  in  writing,  the  owner  of  any 
affected  stock  that  he  is  required,  on  or  before  a  certain  day,  to  take  such  measures 
for  the  destruction  of  such  insects  or  fungus  enemies  of  nursery  stock  as  have  been 
shown  to  be  effectual  for  this  purpose.  Said  entomologist  and  botanist  shall,  for  the 
purpose  of  this  act,  be,  and  he  is  hereby  declared  to  be,  the  state  entomologist,  and 
shall  serve  without  pay  other  than  that  he  may  receive  as  an  officer  of  the  State 
agricultural  experiment  station,  but  his  expenses  shall  be  paid  as  hereinafter  pro- 
vided. 

SEC. 2.  The  owner  of  this  affected  nursery  stock  shall,  within  the  time  specified, 
take  such  steps  for  the  destruction  of  San  Jose  scale  or  other  destructively  injurious 
insects  or  fungus  enemies  present  as  will  exterminate  the  same,  and  it  shall  be  a 
misdemeanor  to  ship  or  deliver  any  of  such  stock,  punishable  by  a  fine  of  $50  for 
every  such  offense,  the  fine  recoverable  before  a  justice  of  the  peace  or  by  indictment 
of  the  grand  jury  of  the  county  in  which  the  nursery  is  situated,  or  of  that  to  which 
such  stock  may  have  been  shipped. 

Sec.  3.  Whenever  a  nurseryman  or  seller  of  trees,  vines,  plants,  or  other  nursery 
stock,  Avho  is  a  resident  of  this  Commonwealth,  shall  ship  or  deliver  any  such  goods, 


19 

he  shall  send  on  each  package  so  shipped  or  delivered  a  written  certificate,  signed 
by  him,  stating  that  the  whole  and  every  part  of  such  stock  has  been  examined  by  a 
State  or  Government  entomologist  and  found  free  from  San  Jose  scale  or  other  destruc- 
tively injurious  insects  or  fungus  enemies.  Failure  to  furnish  such  certificate,  or 
furnishing  a  false  certificate,  shall  render  him  liable  to  the  penalty  of  a  fine  of  $50 
for  each  and  every  such  shipment  or  delivery  without  such  certificate. 

Sec.  4.  "When  the  State  entomologist  examines  any  trees,  vines,  plants,  or  other 
nursery  stock  in  this  State,  under  the  provisions  of  this  act,  and  finds  such  nursery 
stock  free  from  San  Jose  scale  and  other  destructively  injurious  insect  and  fungus 
enemies,  he  is  hereby  authorized  and  directed  to  make  out  and  deliver,  in  writing, 
to  the  owner  of  such  stock  a  certificate  stating  that  he  has  inspected  such  stock  and 
found  the  same  free  from  San  Jose  scale  and  other  destructively  injurious  insect  and 
fungus  enemies,  and  he  shall  file  similar  certificates  with  the  commissioner  of  agri- 
culture and  statistics  and  with  the  president  of  the  State  Agricultural  and  Mechan- 
ical College,  which  certificate  shall  at  all  times  be  subject  to  public  inspection. 

Sec.  5.  Whenever  a  nurseryman,  fruit  grower,  or  agriculturist  in  this  Common- 
wealth shall  know  or  have  good  reason  to  believe  that  his  trees,  vines,  or  plants  are 
affected  with  the  San  Jose  scale,  yellows,  rosette,  or  other  destructive  insect  or  fungus 
enemies,  he  shall  have  the  privilege  and  it  shall  be  his  duty  to  notify  the  State  ento- 
mologist, who  shall  proceed  to  the  premises  designated  and  examine  the  same  and 
suggest  and  recommend  the  proper  remedies  for  the  destruction  of  such  insect  or 
fungus  enemies  that  may  be  present. 

Sec.  6.  Every  package  of  trees,  vines,  plants  or  other  nursery  stock  shipped  into  this 
State  from  another  State  shall  be  plainly  labeled  on  the  outside  with  the  name  of  the 
consignor,  the  name  of  the  consignee,  the  contents,  and  the  certificate,  signed  by  a 
State  or  Government  inspector,  showing  that  the  contents  have  been  examined  by 
him,  and  that  such  stock  is  free  from  San  Jose  scale,  or  other  destructive  insect  or 
fungus  enemies.  Whenever  any  trees,  vines,  plants  or  other  nursery  stock  are 
shipped  into  this  State  without  such  a  certificate  plainly  fixed  on  the  outside  of  each 
package,  the  fact  may  be  reported  to  any  justice  of  the  peace  of  this  Commonwealth, 
and  said  justice  shall  issue  a  summons  for  the  consignee  of  such  package,  and  the 
agent  of  the  consignor,  if  he  be  known,  to  appear  before  him  on  a  certain  day,  to  be 
therein  named,  to  show  cause  why  such  trees,  vines,  plants  or  other  nursery  stock 
should  not  be  seized,  as  being  in  violation  of  this  act,  and  on  trial  thereof,  if  said  jus- 
tice be  satisfied  that  the  provisions  of  this  act  have  been  violated,  he  shall  order 
said  agent  or  consignee  to  return  such  package  of  trees,  vines,  plants  or  other  stock 
immediately  to  the  shipper  or  consignor,  unless  such  said  consignee  or  agent  shall 
forthwith,  and  at  his  own  expense,  have  such  trees,  vines,  plants  or  other  nursery 
stock  examined  by  the  State  entomologist,  or  such  person  as  he  may  appoint  to 
make  the  examination,  and  he  certifies  to  the  justice  of  the  peace  that  such  nursery 
stock  is  free  from  San  Jose  scale  or  other  destructive  insects  or  fungus  enemies.  If 
such  consignee  or  agent  fail  to  have  such  inspection  made,  or  fail  to  return  such 
package  to  the  shipper  or  consignor  thereof,  then  the  justice  of  the  peace  shall  order 
and  direct  the  constable  or  sheriff  to  burn  and  destroy,  at  the  expense  of  the  agent 
or  consignee,  all  such  trees,  vines,  plants  or  other  stock  as  have  been  shipped  into 
this  Commonwealth  in  violation  of  law. 

Sec.  7.  The  sum  of  $500  annually,  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  for  the  purpose  of  paying  the  expenses  of  the  State  entomolo- 
gistin  the  performance  of  his  duties  under  the  provisions  of  this  act,  and  the  auditor 
of  public  accounts  is  hereby  directed  to  honor  requisitions  made  by  said  State  ento- 
mologist for  expenses  incurred  in  the  performance  of  his  duties,  and  the  State  ento- 
omlogist  shall  make  annual  report  to  the  treasurer  of  the  amount  expended. 

Sec.  8.  Inasmuch  as  the  insect  known  as  the  San  Jose  scale  has  appeared  in  some 
sections  of  the  Commonwealth,  a  great  destruction  of  fruit  and  fruit  trees  is  immi- 
nent therefrom,  an  emergency  is  declared  to  exist,  and  this  act  shall  take  effect  from 
and  after  its  passage  and  approval  by  the  governor. 

Approved  May  20,  1897. 


20 

LOUISIANA. 

Laws  OF   1894. 

\\  Act  to  prevent  the  introduction,  propagation,  or  distribution  in  this  State  of  any  frail  trees  or 
fruit  growth  affected  with  any  infections  disease  or  infectious  insects- injurious  to  fruit  growth,  and 

to  provide  penalties  lor  violation  of  same. 

Section  1.  That  it  shall  he  unlawful  for  any  person  to  hring  into  this  State  any 
fruit  trees  or  vines,  shrubs,  scions,  cuttings,  bads,  grafts,  fruit  pits,  or  any  kind  of 
fruit  growth  affected  with  any  infectious  disease  or  insects  injurious  to  the  growth 
of  fruit,  or  propagate  the  same,  or  offer  the  same  for  sale  or  in  any  way  distribute  or 
attempt  to  distribute  the  same  in  this  State. 

Sec.  2.  That  all  fruit  trees,  vines  or  shruhs,  scions,  cuttings,  buds,  grafts,  or  fruit 
pits,  or  any  tree  growth  of  any  kind  brought  into  this  State  or  offered  for  sale  or  dis- 
tributed in  this  State,  shall  be  properly  labeled  with  the  name  of  the  owner,  agent, 
shipper,  or  grower,  and  the  locality  where  grown,  and  shall  be  subject  to  the  inspec- 
tion of  the  entomologist  of  the  State  agricultural  experiment  station. 

Sec.  3.  That  it  shall  be  the  duty  of  the  entomologist  of  the  State  agricultural 
experiment  station,  at  the  request  of  the  director  of  sueh  station,  to  visit  any  sec- 
tion of  the  State  when  such  visit  can  be  made  without  expense  to  the  State,  where 
there  are  diseased  fruit  trees  or  any  tree  growth  infected  with  disease  or  insects 
injurious  to  tree  growth,  to  examine  and  report  on  such  diseased  fruit,  growth,  or 
infected  tree  growth,  and  if  such  examinations  prove  the  infected  trees  perniciously 
infected  it  shall  be  the  duty  of  the  owner,  agent,  or  possessor  of  such  diseased  fruit 
trees  or  infected  tree  growth  to  at  once  disinfect  or  destroy  the  same. 

Sec.  4.  That  any  willful  neglect  or  violation  of  this  act  shall  subject  the  offender 
to  a  fine  of  not  less  than  $5,  nor  more  than  $100,  or  imprisonment  in  the  parish  or 
city  jail  of  not  less  than  one  day  nor  more  than  three  months,  or  both,  at  the  dis- 
cretion of  the  court,  and  the  provisions  of  this  act  shall  be  enforced  by  the  district 
attorney  in  any  court  of  competent  jurisdiction  on  the  complaint  of  any  party  in 
interest,  and  all  moneys  derived  from  the  enforcement  of  the  provisions  of  this  act 
shall,  after  the  payment  of  all  fees  allowed  bylaw,  be  paid  over  to  the  State  agricul- 
tural experiment  station  to  carry  out  the  inspection  provided  for  by  this  act. 

Approved  July  11,  1894. 


31ARYLAND. 

CHAPTER  290.— Laws  of  1896. 

An  Act  to  add  to  article  48  of  the  code  of  public  general  laws,  title  "  inspections,"  a  new  sub-title,  to  be 
known  as  "trees  and  nursery  stock,"  and  seven  new  sections  thereunder,  to  be  designated  "sec- 
tions 51,  52,  53,  54,  55,  56,  and  57,"  providing  for  tho  examination  of  trees,  plants,  vines,  and 
nursery  stock,  and  to  exterminate  the  San  Jose  scale,  rosette,  yellows,  and  other  diseases  and 
insects. 

Section  1.  That  there  shall  be  added  to  article  48  of  the  code  of  public  general 
laws,  title  "inspections,"  a  new  sub-title,  to  be  known  as  "trees  and  nursery  stock," 
and  seven  new  sections  thereunder,  to  be  designated  "sections  51,  52,  53,  54,  55,  56, 
57." 

(51)  The  governor  of  Maryland  shall,  once  in  every  two  years,  designate  and 
appoint  one  of  the  professors  at  the  Maryland  Agricultural  College  State  entomolo- 
gist, who  shall  serve  without  pay,  other  than  that  he  may  receive  as  professor  at 
said  college,  but  whose  expenses  shall  be  paid,  as  hereinafter  provided,  whose  duty 
it  shall  bo  to  inspect  any  and  all  nurseries  in  the  State  of  Maryland,  where  any  trees, 
plants,  vines,  or  other  nursery  stock  is  grown,  between  the  first  day  of  each  March 
and  the  first  day  of  September  next  succeeding,  and  he  shall  notify,  in  writing,  tho 


21 

owner  of  such  nursery,  the  governor  of  this  State,  and  the  principal  of  the  agricul- 
tural college  of  the  existence  of  any  San  Jose  scale,  yellows,  rosette,  or  any  other 
insect  or  disease  which  may  affect  the  trees,  vines,  plants,  or  other  stock  in  such 
nursery,  and  also  notify  the  owner  thereof,  in  writing,  that  he  is  required  on  or 
before  a  certain  day,  to  he  named  therein,  to  take  such  measures  as  have  been  shown 
or  proven  to  he  effectual  for  the  destruction  of  such  San  Jose  scale,  yellows,  rosette, 
or  other  disease,  to  destroy  and  exterminate  the  same. 

(52)  The  owner  of  such  nursery,  trees,  vines,  or  nursery  stock  shall,  within  the 
time  specified  in  such  notice,  take  such  steps  for  the  destruction  of  such  San  Jose 
scale,  or  other  insect  or  disease  as  will  exterminate  the  same,  and  he  shall  not  ship 
or  deliver  any  trees,  plants,  vines,  or  other  nursery  stock  affected  with  such  disease 
or  insect,  under  a  penalty  of  a  fine  of  $1  for  every  tree,  plant,  or  vine  so  affected  when 
shipped  from  such  nursery,  which  fine  may  he  collected  by  suit  by  the  State's  attorney 
of  the  county  in  which  such  nursery  is  located,  one-half  to  go  to  the  informer,  the 
balance  to  be  paid  to  the  trustees  of  said  agricultural  college. 

(53)  Whenever  it  shall  happen  that  the  State  entomologist  shall  give  the  notice 
heretofore  required  to  the  owner  of  a  nursery  for  the  destruction  of  the  insects  or  dis- 
eases mentioned,  and  the  said  owner  shall  fail  or  neglect  to  take  the  measures  neces- 
sary for  the  destruction  thereof  within  the  time  mentioned  in  the  notice  given  him, 
it  shall  be  the  duty  of  the  State  entomologist  to  have  the  proper  remedies  applied 
to  such  nurseries  for  the  destruction  of  such  insects  or  diseases,  and  shall  employ  all 
necessary  assistance,  and  may  enter  the  premises  of  the  said  owner  of  such  nursery 
for  the  purpose  of  treating  and  exterminating  such  insects  or  diseases,  and  the  said 
owner  of  such  nursery  shall  be  liable  for  the  costs  of  such  proceeding. 

(54)  Whenever  a  nurseryman  or  seller  of  trees,  plants,  vines,  or  other  nursery 
stock  shall  ship  or  deliver  any  such  goods  to  any  purchaser  in  this  State,  he  shall 
send  on  each  and  every  package  so  shipped  or  delivered,  as  well  as  transmit  to  the 
purchaser  by  mail,  a  written  or  printed  certificate  signed  by  him  that  the  whole  and 
every  part  of  such  stock  or  goods  have  been  examined  by  the  State  or  Government 
entomologist,  and  that  the  same  is  entirely  free  from  all  San  Jose  scale,  yellows, 
rosette,  and  every  other  insect  or  disease  whatever,  and  failure  to  furnish  such  cer- 
tificate shall  render  him  liable  to  the  penalty  of  a  fine  of  $100  for  each  and  every 
such  shipment  or  delivery  without  such  certificate. 

(55)  Whenever  any  nurseryman,  fruit-grower,  or  agriculturist  in  this  State  shall 
know  or  have  good  reason  to  believe  that  his  trees,  plants,  or  vines  are  affected  with 
San  Jose  scale,  yellows,  rosette,  or  any  other  insect  or  disease,  he  shall  have  the 
privilege  and  it  shall  be  his  duty  to  notify  the  State  entomologist  thereof,  who  shall 
at  once  proceed  to  the  premises  designated  and  examine  the  same,  and  suggest  and 
recommend  the  proper  remedies  for  the  destruction  of  the  same,  and  give  all  informa- 
tion he  can  to  aid  in  exterminating  such  insect  or  disease,  and  instruct  the  owner 
thereof  how  to  use  the  remedies  he  recommends. 

(56)  The  said  State  entomologist,  when  he  examines  any  trees,  plants,  vines,  or 
nursery  stock  in  this  State  under  the  provisions  of  this  act,  and  he  finds  such  trees, 
plants,  vines,  or  nursery  stock  is  free  from  all  San  Jose  scale,  yellows,  rosette,  or 
other  disease  or  insect,  he  is  hereby  authorized  and  directed  to  make  out  and  deliver 
in  writing  to  the  owner  of  such  trees,  plants,  vines,  or  nursery  stock  a  certificate 
that  he  has  examined  such  trees,  plants,  vines,  or  nursery  stock,  and  that  he  finds 
the  same  free  from  all  San  Jose  scale,  yellows,  rosette,  or  other  disease  or  insect,  and 
said  State  entomologist  shall  also  file  a  similar  certificate  with  the  governor  of  the 
State  and  with  the  president  of  the  said  agricultural  college,  which  certificates  shall 
at  all  times  be  subject  to  public  inspection. 

(57)  The  sum  of  $500,  annually,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  for  the  purpose  of  paying  the  expenses  of  the  State  entomologist  in 
the  performance  of  his  duties  under  the  provisions  of  this  act,  and  the  comptroller 
is  hereby  directed  to  issue  his  warrant  upon  the  treasurer  for  the  said  sum,  and  the 
State  entomologist  shall  make  report  to  the  comptroller  of  the  amount  expended. 


22 

(58)  Whenever  any  trees,  plants,  or  vines  are  shipped  into  this  State  from  another 
State  every  package  thereof  shall  he  plainly  labeled  on  the  outside  with  the  name 
of  the  consignor,  the  name  of  the  consignee,  the  contents,  and  a  certificate  showing 
that  the  contents  have  been  inspected  by  a  State  or  Government  officer,  and  that  the 
trees,  vines,  or  plants  therein  contained  are  free  from  all  San  Jose  scale,  yellows, 
rosette,  and  other  injurious  insect  or  disease.  "Whenever  any  trees,  plants,  or  vines 
are  shipped  into  this  State  without  such  certificate  plainly  fixed  on  the  outside  of 
such  package  the  fact  may  he  reported  to  any  justice  of  the  peace  of  this  State  and 
such  justice  shall  issue  a  summons  for  the  consignee  of  such  package,  and  the  agent 
of  the  consignor,  if  he  he  known,  to  appear  before  him  on  a  certain  day,  to  he  therein 
named,  to  show  cause  why  such  trees,  plants,  or  vines  should  not  he  seized  as  being 
in  violation  of  the  provisions  of  this  act,  and  on  trial  thereof,  if  said  justice  is  satis- 
fied that  the  provisions  of  this  act  have  been  violated,  said  justice  shall  order  said 
agent  or  consignee  to  return  said  packages  of  trees,  plants,  or  vines  immediately  to 
the  shipper  or  consignor  unless  said  consignee  or  agent  shall  forthwith  have  said 
trees,  plants,  or  vines  examined  by  the  State  entomologist  of  this  State,  and  he 
certify  to  such  justice  of  the  peace  that  the  said  trees,  plants,  or  vines  are  free  from 
all  insect  and  disease ;  and  if  said  agent  or  consignee  shall  fail  to  have  such  nursery 
stock  examined  by  the  State  entomologist,  or  fail  to  return  such  packages  to  the 
shipper  or  consignor  thereof,  then  said  justice  of  the  peace  shall  order  and  direct 
the  constable  or  sheriff  to  burn  and  destroy  all  such  trees,  plants,  and  vines  as  have 
been  shipped  into  this  State  in  violation  of  law. 

Skc.  2.  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

Approved  April  2, 1896. 


MICHIGAN. 

Laws  of  1897. 


An  Act  to  prevent  the  introduction  or  spread  of  San  Jose  scale  or  other  injurious  insects  or  infectious 
diseases  of  trees,  vines,  shrubs,  or  plants  grown  in  this  State  or  imported  from  other  States,  provinces, 
or  countries. 

Section  1.  That  it  shall  be  the  duty  of  the  State  board  of  agriculture,  immediately 
upon  the  taking  effect  of  this  act,  to  appoint  some  competent  person  who  shall  be 
known  as  State  inspector  of  nurseries  and  orchards,  who  shall  hold  office  during  the 
pleasure  of  said  board,  whose  duty  shall  be  to  inspect  any  and  all  nurseries  in  the 
State  of  Michigan,  as  to  whether  they  are  infected  by  San  Jose  scale  or  other  inj  urious 
.or  destructive  insects  or  infected  with  infectious  or  contagious  diseases,  and  if  upon 
such  inspection  he  find  no  such  dangerous  insects  or  diseases,  he  shall,  upon  payment 
of  per  diem  fee  hereinafter  provided,  give  to  the  owner  of  such  nurseries  a  certificate 
to  that  effect,  and  shall  file  a  duplicate  certificate  with  the  State  board  of  agricul- 
ture; and  in  case  he  shall  find  present  in  any  such  nursery  any  of  said  dangerous 
insects  or  diseases  he  shall  notify  the  owner  thereof  in  writing,  and  shall  direct 
him  within  five  days  to  use  such  means  as  will  exterminate  such  dangerous  diseases 
or  insects,  and  the  owner  of  such  nursery  shall  not  ship  nor  deliver  any  such  trees, 
vines,  shrubs,  or  plants  affected  by  such  dangerous  insects  or  diseases  until  he  shall 
have  secured  from  said  inspector  a  certificate  as  aforesaid. 

Skc.  2.  The  owner  of  such  nursery,  trees,  vines,  shrubs,  or  plants  shall,  within  the 
time  specified  in  such  notice,  take  such  steps  for  the  destruction  of  such  insects  or 
diseases  as  will  exterminate  the  same,  and  he  shall  not  ship  nor  deliver  any  such 
frees,  vines,  shrubs,  nor  plants  affected  with  such  dangerous  diseases  or  insects, 
under  the  penalty  of  a  fine  of  $1  for  every  tree,  vine,  plant,  or  shrub  so  affected, 
when  shipped  or  delivered  from  such  nursery,  which  line  shall  be  collected  by  suit 
1»\   the  prosecuting  attorney  of  the  county  in  which  said  nursery  is  located. 


23 

Sec.  3.  Whenever  it  shall  happen  that  the  State  inspector  of  nurseries  and  orchards 
shall  give  the  notice  heretofore  required  to  the  owner  of  a  nursery  for  the  destruc- 
tion of  the  insects  or  diseases  mentioned,  and  said  owner  shall  fail  or  neglect  to 
take  the  measures  necessary  for  the  destruction  thereof  within  the  time  mentioned 
in  the  notice  given  him,  it  shall  be  the  duty  of  the  State  inspector  of  nurseries  and 
orchards  to  have  the  proper  remedies  applied  to  such  nursery  for  the  destruction  of 
such  diseases  or  insects,  and  shall  employ  all  necessary  assistance  and  may  enter  the 
premises  of  said  owner  of  such  nursery  for  the  purpose  of  treating  and  extermina- 
ting such  insects  or  diseases;  and  the  said  owner  of  such  nursery  shall  he  liable  for 
the  costs  of  such  proceeding,  for  the  services  of  the  inspector  at  a  rate  per  diem  to 
be  fixed  by  the  State  board  of  agriculture,  not  to  exceed  $3  per  day.  and  for  such 
number  of  days  as  said  board  shall  determine,  which  said  charge  must  be  paid 
before  delivery  of  the  certificate  in  section  1  <>f  this  act. 

Sec.  4.  Whenever  any  trees,  shrubs,  plants,  or  vines  are  shipped  into  this  State 
from  another  State,  country,  or  province,  every  package  thereof  shall  be  plainly 
labeled  on  the  outside  with  the  name  of  the  consignor,  the  name  of  the  consignee, 
the  contents,  and  a  certificate  showing  that  the  contents  have  been  inspected  by  a 
State  or  Government  officer,  and  that  the  trees,  vines,  shrubs,  or  plants  therein  con- 
tained appear  free  from  all  inj  urious  insects  or  diseases.  AVhenever  any  trees,  shrubs, 
vines,  or  plants  are  shipped  into  this  State  without  such  certificate  plainly  fixed  on 
the  outside  of  the  package,  box,  or  car  containing  the  same,  the  fact  must  be  reported 
within  24  hours  to  the  State  board  of  agriculture  by  the  railway,  express,  or  steam- 
boat company,  or  other  person  or  persons  carrying  the  same ;  and  any  agent  of  any 
railway,  steamboat,  or  express  company,  or  any  other  person  or  persons  who  shall 
violate  the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  $25  nor  more  than 
$1C0,  or  imprisonment  in  the  county  jail  not  less  than  5  nor  more  than  30  days,  or 
may  be  so  fined  and  imprisoned  in  the  discretion  of  the  court,  and  any  such  fine 
shall  be  paid  to  the  State  board  of  agriculture. 

Sec.  5.  Any  person  or  persons  growing  or  offering  for  sale  in  this  State  any  trees, 
vines,  shrubs,  or  plants,  commonly  known  as  nursery  stock,  shall  on  or  before  the 
first  day  of  August  in  each  year  apply  to  the  State  board  of  agriculture  for  inspec- 
tion of  said  stock  under  the  provisions  of  this  act  and  a  license  for  its  sale,  and 
shall  deposit  with  said  board  a  fee  of  $5  as  a  license  fee  for  himself  as  principal. 
Such  license  shall  be  good  for  one  year  and  shall  not  be  transferable,  and  each  of 
such  persons,  principals,  shall  execute  to  the  State  board  of  agriculture  a  bond  in 
the  sum  of  $1,000,  with  good  and  sufficient  sureties  satisfactory  to  said  board,  con- 
ditioned that  he  will  comply  with  all  the  provisions  of  this  act,  and  that  upon 
demand  he  will  file  with  the  State  board  of  agriculture  a  list  of  the  persons  to 
whom  he  has  sold  or  delivered  any  such  nursery  stock,  giving  the  species,  together 
with  the  post-office  address  of  each  purchaser,  which  list  shall  be  held  in  strict  con- 
fidence by  the  said  State  board  of  agriculture,  and  not  be  subject  to  inspection  by  the 
public.  Failure  on  the  part  of  any  nurseryman,  grower,  agent,  or  dealer  to  comply 
with  the  provisions  of  this  section  shall  render  him  or  them  liable  to  the  penalties 
of  a  fine  of  not  more  than  $100  nor  less  than  $25,  or  imprisonment  in  the  county  jail 
for  not  more  than  90  nor  less  than  30  days,  or  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court,  for  each  and  every  such  sale.  Such  information  shall  be 
preserved  and  be  for  the  sole  use  of  the  nursery  and  orchard  inspector  and  his  dep- 
uties: Provided,  That  the  provisions  of  the  preceding  sections  shall  not  apply  to 
persons  engaged  in  fruit  growing  who  are  not  nurserymen  who  desire  to  sell  or 
exchange  surplus  trees  or  plants  of  their  own  growing. 

Sec.  6.  No  person,  firm,  or  corporation  resident  of  another  State,  province,  or 
country  shall  engage  or  continue  in  the  business  of  importing  any  trees,  plants. 
shrubs,  or  vines,  commonly  known  as  nursery  stock,  into  this  State,  or  of  selling 
such  importations  within  the  State,  or  of  selling  such  articles  within  the  State,  for 
subsequent  importation  into  it,  without  first  having  obtained  from  the  State  board 


24 

of  agriculture  a  license  to  do  business  in  this  State  as  provided  in  section  5  of  this 
act,  and  shall  have  liled  with  the  State  board  of  agriculture  the  bond  therein 
required,  together  with  a  certificate  of  inspection  by  a  State  or  Government  inspec- 
tor or  that  of  some  person  designated  by  the  Michigan  State  board  of  agriculture  for 
such  purpose. 

Sec.  7.  The  State  board  of  agriculture  shall,  upon  receipt  of  the  fee  referred  to  in 
this  act,  together  with  the  required  bond  and  a  satisfactory  certificate  of  inspection, 
issue  licenses  to  the  applicant  according  to  the  provisions  of  this  act. 

Sec.  8.  Whenever  the  commissioners  under  acts  number  108  and  109,  Session  Laws 
of  1895,  known  as  yellows  commissioners,  shall  be  uncertain  as  to  the  existence  or 
nature  of  any  infectious  or  contagious  disease  or  dangerous  insect  pest  in  an  orchard 
or  elsewhere,  or  in  case  any  dispute  shall  arise  between  owners  and  commissioners, 
it  shall  be  the  duty  of  said  commissioners  to  notify  the  State  inspector  of  orchards 
and  nurseries,  who  shall  at  once  investigate  or  inquire  into  the  matter  and  suggest  or 
recommend  the  proper  remedies,  and  give  ail  the  information  he  can  to  aid  in  exter- 
minating such  insects  or  diseases,  and  his  decision  of  the  case  and  recommendation 
shall  be  final. 

Sec.  9.  It  shall  be  the  duty  of  the  State  inspector,  whenever  it  shall  come  to  his 
knowledge  that  any  destructive  insects  or  infectious  or  contagious  diseases  exist  in 
any  orchard  in  this  State,  or  are  supposed  to  exist,  to  investigate  the  case,  and  if 
such  dangerous  insects  or  diseases  are  found,  he  shall  have  authority  to  enter  upon 
the  premises  and  proceed  according  to  the  provisions  of  sections  1,  2,  and  3  of  this 
act  in  exterminating  the  same.  In  case  the  owner  or  occupant  of  the  premises  shall 
refuse  or  neglect  to  comply  with  the  orders  of  said  inspector  within  five  days,  the 
inspector  shall  employ  such  aid  as  may  be  necessary  to  carry  out  his  orders  and 
recommendations,  the  expense  of  which  procedure  shall  be  certified  to  the  township 
board  and  by  them  allowed,  who  shall  cause  the  same  to  be  assessed  as  a  special  tax 
upon  the  premises  concerned. 

Sec.  10.  The  State  inspector  of  orchards  and  nurseries  shall  have  power  to  appoint 
such  number  of  deputy  inspectors  as  may  be  required,  subject  to  approval  by  the 
State  board  of  agriculture. 

Sec.  11.  All  expenses  incurred  under  the  provisions  of  this  act  not  otherwise  pro- 
vided for  shall  be  audited  by  the  State  board  of  agriculture,  and  paid  out  of  the  gen- 
eral fund  of  the  State,  and  the  auditor-general  shall  draw  his  warrant  for  the  same: 
Provided,  That  all  moneys  collected  by  the  State  board  of  agriculture  under  this  act 
shall  be  paid  into  the  general  fund  of  the  State  treasury. 


XOTCTII  CAROLINA. 

CHAPTER  264.— Laws  of  1897. 

An  Act  to  prevent  the  introduction  and  dissemination  of  dangerous  insect,  fungous,  and  weed  pests 

of  crops. 

Section  1.  That  for  the  purpose  of  this  act  the  State  commissioner  of  agriculture, 
the  director  of  the  North  Carolina  Agricultural  Experiment  Station,  and  the  presi- 
dent of  the  North  Carolina  State  Horticultural  Society  are  hereby  constituted  a  com- 
mission for  the  extermination  of  noxious  insects,  fungous  diseases,  and  weeds  which 
are  affecting  or  may  affect  crops.  They  are  empowered  to  elect  one  of  their  number 
chairman,  and  to  adopt  rules  and  regulations  for  their  own  government  such  as  may 
be  requisite  for  carrying  out  the  provisions  of  this  act.  The  members  of  the  said  com- 
mission  shall  receive  no  salary,  and  shall  be  allowed  only  such  expenses  as  have 
been  specifically  incurred  and  necessary  in  attending  the  meetings  of  the  commission. 

Sec.  2.  The  members  of  the  commission  aforesaid  shall  hold  a  meeting  within  30 
days  after  the  ratification  of  this  act,  and  shall  prepare  and  publish  a  list  of  dan- 
gerous crop  pests,  known  to  b<>  present  within  the  State  or  liable  to  be  introduced, 


25 

and  may  at  any  subsequent  meeting  extend  or  amend  such  list.  The  commission 
shall  also  publish  methods  for  exterminating  such  pests  as  they  may  deem  capable  of 
being  economically  exterminated  within  the  boundaries  of  the  State,  and  for  repress- 
ing such  as  can  not  be  economically  exterminated,  and  for  preventing  the  spread  of 
such  pests  within  the  State.  They  may  also  adopt  regulations,  not  inconsistent 
with  the  laws  and  constitution  of  this  State  and  the  United  States,  for  preventing 
the  introduction  of  dangerous  crop  pests  from  without  the  State,  and  for  governing 
common  carriers  iu  transporting  plants  liable  to  harbor  such  pests  to  and  from  the 
State,  and  such  regulations  shall  have  the  force  of  laws. 

Sec  3.  No  person,  firm,  or  corporation  shall,  knowingly  and  wilfully,  keep  upon  his 
or  their  premises  any  plant  infested  by  any  dangerous  crop  pest  listed  and  published 
as  such  by  the  said  commission,  or  permit  dangerous  weed  pests  to  mature  seed  or 
otherwise  multiply  upon  their  land  except  under  such  regulations  as  the  commission 
may  prescribe.  Every  such  infested  plant  and  premises  are  hereby  declared  a  public 
nuisance.  The  owner  of  such  plants  or  premises  shall,  when  notified  to  do  so  by  the 
commission,  take  such  measure  as  may  be  prescribed  to  eradicate  such  pests,  and  if 
such  action  is  not  taken,  or  is  improperly  executed  within  10  days  after  being  so 
notified,  the  commission  shall  cause  said  premises  to  be  freed  from  such  pests  by  the 
best  available  method,  and  the  cost  of  such  work  shall  be  a  lien  against  such  prem- 
ises, and  may  be  recovered,  together  with  cost  of  action,  before  any  court  in  the  State 
having  competent  jurisdiction.  Said  notice  shall  be  written,  and  mailed  to  the 
usual  or  known  address,  or  left  at  the  ordinary  place  of  business  of  said  owner  or  his 
agent.  No  damage  shall  be  awarded  the  owner  of  such  premises  for  entering  thereon 
and  destroying  or  otherwise  treating  any  infested  plant  or  crop,  when  done  by  the 
order  of  the  commission. 

Sec.  4.  When  said  commission  has  reason  to  suspect  that  any  pest  listed  by  them 
as  dangerous  exists  in  any  county  in  the  State,  they  shall  cause  such  suspicion  to  be 
verified  by  a  person  competent  to  determine  the  specific  identity  of  such  pests  of 
crops,  and  if  such  suspicion  prove  founded  upon  fact,  shall  further  appoint,  for  a 
designated  time  and  duty,  a  competent  person  their  agent  to  inspect  such  infested 
premises,  and  to  take  such  measures  for  treating  the  same  as  the  commission  may 
direct.  Any  duly  authorized  agent  of  the  commission  shall  have  authority  to  enter 
upon  and  inspect  any  premises  between  the  hours  of  sunrise  and  sunset  during  every 
working  day  of  the  year.  Any  one  who  shall  seek  to  prevent  such  inspection,  or 
who  shall  otherwise  interfere  with  any  agent  of  the  commission  while  in  perform- 
ance of  his  duties,  shall,  upon  conviction,  be  fined  not  less  than  $5  nor  more  than  $50 
for  each  offense,  or  may  be  imprisoned  for  not  less  than  10  nor  more  than  30  days. 

Sec.  5.  For  the  purposes  of  carrying  out  the  provisions  of  this  act  the  sum  of  $500 
per  annum,  or  so  much  thereof  as  is  necessary,  is  hereby  appropriated  out  of  any 
funds  in  the  treasury  not  otherwise  appropriated,  and  shall  be  paid  by  the  State 
treasurer  upon  properly  authenticated  vouchers  signed  by  the  chairman  of  the 
commission, 

Sec.  6,  The  said  commission  shall  report  to  the  governor  for  transmission  to  the 
next  general  assembly  its  acts  and  disbursements  under  the  provisions  of  this  act. 
Such  a  report,  together  with  all  such  circulars  as  may  be  issued  by  the  said  commis- 
sion for  the  purposes  of  this  act,  shall  be  printed  in  editions  of  1,000  copies  by  the 
public  printer  and  be  paid  for  as  other  public  printing. 

Sec.  7.  All  laws  and  clauses  of  laws  inconsistent  with  this  act  are  hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  from  and  after  its  ratification. 

Ratified  March  5,  1897. 


Copy  of  a  circular  (No.  7)  issued  bv  the  North  Carolina  commission  August  31,  1897,  to  common  car- 
riers in  that  State. 

To  all  Railroad,  Express,  and  Steamship  Companies,  and  Common  Carriers  doing  busi- 
ness in  North  Carolina:  You  are  hereby  notified,  by  virtue  of  chapter  264  of  the  acts 
of  the  general  assembly  of  1897,  entitled,  "An  act  to  prevent  the  introduction  and 


26 

dissemination  of  dangerous  insects,  fungous,  and  weed  pests  of  crops/'  which  act 
empowers  this  commission  to  prescribe  rules  for  governing  the  transportation  within 
the  State  of  trees,  shrubs,  and  vines,  liable  to  harbor  and  disseminate  dangerous 
insect  pests,  that  the  annexed  rules  have  been  adopted  and  will  be  enforced  on  and 
after  the  1st  day  of  July,  1897.  Inasmuch  as  the  interests  of  all  transportation  com- 
panies doing  business  in  North  Carolina  are  bound  up  with  the  interests  and  general 
prosperity  of  the  Commonwealth,  and  that  prosperity  is  seriously  menaced  by  the 
introduction  from  other  States  and  countries  of  destructive  scale  insects  and  other 
similar  pests,  it  is  hoped  and  believed  that  all  companies  will  themselves  cheerfully 
observe  these  rules,  and  endeavor  by  all  the  means  in  their  power  to  uphold  the  com- 
mission in  the  work  devolving  upon  it.  They  will  thus  serve  to  protect  fruit  grow- 
ing along  their  lines,  and  the  future  business  involved.  It  is  not  the  intention  or 
desire  of  the  commission  to  interfere  unnecessarily  with  traffic  in  nursery  stock,  nor 
to  prevent  the  bringing  of  such  freight  into  the  State.  It  only  desires  to  insure  the 
freedom  of  such  stock  from  destructive  parasites.  The  rules  adopted  by  the  com- 
mission are  reasonable  and  not  onerous.  If  faithfully  observed,  the  rules  will  for 
the  future  prevent  the  dissemination  of  these  dangerous  pests  in  our  State.  The 
rules  below  will  be  strictly  enforced  as  far  as  it  lies  in  the  power  of  the  commission : 

Rule  1.  No  transportation  company  or  common  carrier  shall  deliver  to  any  con- 
signee at  any  station  point  located  in  North  Carolina  any  package,  bale,  box,  or 
single  specimen  of  any  tree,  shrub,  or  woody  vine,  nor  accept  such  for  transporta- 
tion from  any  point  in  the  State,  unless  each  separate  package,  bale,  box.  or  single 
speeimeni  has  attached  a  label  stating  the  name  and  address  of  the  grower,  preceded 
by  the  words  "  Grown  by."  Said  plants  or  packages  of  plants  shall  also  have  affixed 
a  certificate  from  this  commission  that  the  nursery  wherein  the  plants  were  grown 
had  been  examined  and  found  free  from  San  Jose  scale  and  all  other  dangerous 
insects.  The  date  of  the  certificate  must  not  be  more  than  six  months  from  date  of 
shipment  of  such  stock.  Certificates  from  others  will  not  be  recognized.  The 
necessity  for  certifying  does  not  extend  to  seeds,  roots,  or  herbaceous  plants,  nor  to 
strawberry  plants. 

Rule  2.  If  by  any  oversight,  accident,  negligence,  or  otherwise  any  invoice  of 
uncertified  trees,  shrubs,  or  woody  vines  is  received  at  any  station,  depot,  wharf,  or 
warehouse  within  this  State  such  stock  must  not  be  delivered  or  removed  from  the 
place  where  the  same  was  first  stored,  but  shall  within  48  hours  after  receipt  be  sent 
out  of  the  State,  if  brought  from  without  the  State,  or,  if  shipment  originated 
withiu  the  State,  the  plants,  with  their  containing  cases  and  packing,  shall  be 
destroyed  by  fire;  such  shipment  being  held  unlawful  by  this  commission.  No 
person  other  than  a  duly  authorized  agent  of  this  commission  shall  bo  permitted  to 
open  or  inspect  such  plants  further  than  may  be  necessary  to  determine  the  absence 
of  a  label  and  certificate  as  required  by  law.  Transportation  companies  will  imme- 
diately report  to  the  commission  any  violation  of  this  regulation,  together  with  the 
action  of  the  company.  Said  report  is  to  include  the  name  aud  address  of  the 
shipper  and  of  the  consignee. 

Kile  3.  Any  transportation  company  or  common  carrier  or  other  person  wilfully 
disregarding  the  said  law  .and  the  above  rules  prescribed  in  pursuance  thereof  will 
be  guilty  of  a  nuisance  and  liable  to  action  for  damages,  punishable  with  line  or 
imprisonment. 

(Signed)  .  Chairman. 


Copy  of  a  circular  (No.  8)  issued  by  the  North  Carolina  commission  August  31,  1897,  t<>  nurserymen 

and  others. 

To  Nurserymen  and  Dealers  who  Ship  Nursery  Slock  into  North  Carolina:  Your  atten- 
tion is  called  to  the  inclosed  copy  of  circular  No.  7  of  this  commission,  relating  to 
the  shipment  of  nursery  stock  into  North  Carolina.  You  will  notice  that  there  is  a 
modification  in  the  regulations  previously  adopted,  in  that  each  package,  etc., 
shipped  into  the  State  must  have  the  certificate  of  this  commission  attached  thereto, 


27 

instead  of  the  certificate  of  the  official  entomologist  of  the  State  in  which  your  nurs- 
ery is  located.     The  certificate  of   this  commission,    together  with  100  facsimile 

copies,  will  be  issued  without  charge  to  each  nurseryman,  upon  filing  with  this  coin 
mission  a  certificate  from  the  official  entomologist  of  the  State  in  which  the  nursery 
is  located  that  said  nursery  was,  within  six  months,  personally  examined  by  him,  and 
the  growing  stock  found  free  from  San  Jose  scale,  West  Indian  scale,  black-kuot,  and 
other  infectious  pests,  and  apparently  healthy  in  every  respect.  The  certificates  of 
this  commission  will  bear  date  of  April  1  or  October  1,  and  will  be  good  for  only  six 
months.  It  is  not  the  purpose  of  this  commission  to  interfere  in  any  way  with  the 
sale  of  good  nursery  stock  in  the  State.  It  is  not  believed  that  the  rules  and  regu- 
lations of  this  commission  will  be  found  onerous  to  those  who  fully  appreciate  the 
necessity  of  protecting  our  horticultural  interests. 

(Signed)  ,  Chairman. 


OHIO. 

Laws  ok  1896. 

An  Act  to  prevent  the  spread  of  yellows,  a  contagions  disease  among  peach,  almond,  apricot,  and 
nectarine  trees,  and  to  prevent  the  spread  of  black-knot,  a  contagions  disease  among  cherry,  prune. 
and  plum  trees,  or  any  other  contagious  disease  of  fruit  trees,  also  the  infection  known  as  the  San 
Jose  scale,  and  to  provide  measures  for  the  eradication  of  the  same. 

Section  1.  That  it  shall  be  unlawful  for  any  person  to  keep,  or  permit  to  be  kept 
upon  his  premises  or  upon  premises  under  his  charge  or  control,  as  owner  or  lessee  or 
otherwise,  any  peach,  almond,  apricot,  or  nectarine  tree  infected  with  the  contagious 
disease  known  as  yellows,  or  to  keep  any  affected  part  of  any  cherry,  plum,  orprune  tree 
infected  with  the  contagious  disease  known  as  black-knot,  which  affects  one  or  more 
branches  or  any  tree  infested  with  San  Jose  scale  or  any  of  the  fruit  from  any  tree 
infected  with  peach  yellows,  or  to  sell  or  offer  for  sale,  or  to  ship  or  permit  to  be  ship- 
ped to  any  person  in  any  manner,  any  of  said  yellows  fruit;  that  both  trees  and 
fruits  so  infected,  except  as  aforesaid,  shall  be  subject  to  destruction  as  public 
nuisances  as  hereinafter  provided,  and  it  shall  be  the  duty  of  every  person  owning 
any  fruit  or  having  in  their  charge  or  under  their  control  any  fruit  from  any  of  the 
said  trees  so  infected  or  any  of  such  fruit  so  infected,  except  as  aforesaid,  and  of 
every  person  having  any  of  said  fruit  trees  so  infected  in  their  charge  or  under  their 
control  as  owner,  agent,  lessee,  or  otherwise,  to  immediately  destroy  all  trees  so 
infected  and  all  of  said  fruit  so  infected  by  burning  the  same:  and  whoever  owning 
any  of  said  fruit  trees  so  infected,  or  whoever  having  any  of  the  same  in  charge  as 
agent,  servant,  employee,  or  lessee,  or  otherwise,  shall  fail  or  neglect  to  destroy  all 
of  the  same  within  10  days  after  notice  given  to  him  by  the  township  board  of  fruit 
commissioners,  hereinafter  mentioned,  of  such  infected  condition,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum  not  exceeding  $100: 
provided,  however,  that  in  case  of  the  black-knot  in  any  fruit  tree  it  shall  be  suffi- 
cient to  cut  away  and  destroy  only  the  limb  or  part  of  the  tree  affected  with  black- 
knot,  and  destruction  or  the  term  destroy  in  this  act  shall  be  construed  to  mean 
destruction  by  fire.  It  shall  be  sufficient  to  extinguish  the  San  Jose  scale  with 
effective  insecticides. 

Sec.  2.  It  is  further  provided  that  any  nurseryman,  agent,  dealer,  or  other  person 
who  shall  sell  or  offer  for  sale  auy  fruit  trees  for  planting  that  are  affected  with  any 
contagious  disease,  or  infested  with  the  pest  known  as  the  San  Jose  scale  or  other 
obnoxious  insect  pest,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  not  less  than  $10  nor  more  than  $100.  Whenever  the  disease  known  as  peach 
yellows,  also  black-knot  of  the  plum,  cherry,  and  prune  are  found  to  exist,  not  less 
than  five  freeholders  in  any  township  in  Ohio  may  petition  the  township  trustees  to 
appoint  a  township  board  of  fruit  commissioners,  recommending  in  said  petition 
three  or  more  of  the  most  competent  and  best  qualified  persons  known  in  said  town- 
ship for  the  position.     It  shall  be  the  duty  of  the  trustees  to  speedily  appoint  for  the 


28 

township  fruit  commission  two  of  whom  they  consider  the  most  capable  freeholders 
in  tluv  township,  who  are  growers  of  fruits  liable  to  be  diseased,  one  of  whom  must 
be  familiar  with  the  symptoms  and  nature  of  the  diseases  aforesaid  mentioned,  and 
shall  be  the  foreman  of  said  commission.  If  the  other  member  of  the  commission  be 
unlearned  he  shall  diligently  strive  to  become  acquainted  with  the  diseases  they  are 
t»  investigate.  Where  any  serious  difference  arises  between  the  two  commissioners 
regarding  the  infected  fruit  or  trees  the  foreman  of  the  nearest  outside  commission 
shall  be  called  by  the  trustees  as  referee,  and  his  decision  shall  be  conclusive.  In 
case  an  expert  can  not  be  found  in  the  township,  the  trustees  shall  employ  the  nearest 
one  outside  the  township  that  they  can  find,  whose  term  of  service  shall  continue 
during  the  year.  The  commissioners  shall  hold  office  till  the  first  of  April  following 
their  appointment.  The  township  fruit  commission  shall  be  kept  up  as  long  as 
destructive  diseases  prevail  and  there  is  need  of  its  existence,  and  the  township 
trustees  shall  annually  appoint  the  commissioners  comprising  it  at  their  regular 
April  meeting,  and  the  said  commissioners  shall  take  their  oath  of  office  and  file 
their  acceptance  with  the  township  clerk.  To  aid  the  trustees  in  their  selection,  five 
or  more  freeholders  who  are  interested  in  fruit  growing  may  petition  them  to  appoint 
certain  persons  whom  they  shall  name  and  recommend  in  said  petition  for  the  con- 
sideration of  said  trustees  in  making  their  appointment.  The  compensation  for 
each  commissioner  shall  be  $2  and  necessary  expenses  for  each  days  time  engaged 
in  the  business  of  said  office,  and  $1  for  each  half  day,  all  of  which  shall  be  allowed 
by  the  township  trustees  and  paid  out  of  the  funds  of  said  township.  It  is  further 
proVided  that  in  case  a  member  of  the  township  fruit  commission  proves  seriously 
inefficient  and  is  unfaithful  in  the  discharge  of  his  official  duties,  on  petition  of  five 
freeholders  the  trustees  of  said  township  shall  investigate  the  complaints  and  charges 
made  against  said  commissioner,  and  if  they  find  good  and  sufficient  cause,  shall 
remove  him  and  appoint  another  person  to  fill  his  place. 

Sec.  3.  The  township  clerk  shall  be  clerk  ex  officio  of  the  township  board  of  fruit 
commissioners,  and  he  shall  keep  a  correct  and  complete  record  of  all  their  proceed- 
ings in  a  book  to  be  provided  him  by  the  township  trustees  for  that  purpose,  and  he 
shall  file  and  preserve  all  papers  belonging  to  said  board  of  commissioners,  or  either 
of  them,  and  pertaining  to  their  duties,  all  of  which  shall  be  a  part  of  the  public 
records  of  said  township,  and  he  shall  receive  such  reasonable  compensation  for  such 
services  as  the  township  trustees  may  allow.  It  shall  be  the  duty  of  the  Ohio  Experi- 
ment Station  to  publish  a  bulletin  that  shall  plainly  give  full  and  complete  informa- 
tion regarding  the  causes,  symptoms,  devastating  effects,  and  cure  or  treatment  of 
peach  yellow,  black-knot,  San  Jose  scale,  or  other  serious  contagious  disease  of 
fruits  in  sufficient  quantity  to  supply  every  grower  of  fruit  liable  to  these  diseases 
in  the  State.  It  shall  be  the  duty  of  the  annual  township  assessor  to  record  the 
name  and  address  of  every  person  who  owns  or  has  charge  of  any  peach,  plum, 
cherry,  prune,  apricot,  or  almond  tree  or  trees,  giving  the  name  and  number  of  each 
kind,  and  after  the  canvass  of  the  township  to  file  said  report  with  the  township 
clerk,  who,  with  the  aid  of  the  foreman  of  the  township  fruit  commission,  shall 
inform  the  State  Experiment  Station  of  the  number  of  bulletins  needed  in  that  town- 
ship, and  on  receipt  of  the  same  the  clerk  shall  mail  or  deliver  one  copy  to  each  per- 
son who  owns  or  has  charge  of  any  and  all  trees  that  are  liable  to  serious  damage 
from  the  contagious  threatening  diseases  treated  upon  in  said  bulletin. 

Skc.  4.  It  shall  bo  the  duty  of  said  board  of  fruit  commissioners  upon  or  without 
complaint  to  carefully  seek  out,  keep  down,  and  stamp  out  the  contagious  fruit  dis- 
eases aforesaid  mentioned,  also  the  San  Jose  scale  or  other  noxious  insect  pest  in  every 
part  of  the  township,  during  all  seasons  when  the  symptoms  are  plainly  to  be  seen 
by  cither  of  them,  to  proceed  together  as  much  as  possible  without  delay  and  examine 
the  trees  and  fruit  supposed  to  be  infected,  and  if  any  of  said  diseases  are  found 
to  exist  by  said  fruit  commission  they  shall  place  upon  the  diseased  tree  a  distin- 
guishing mark,  and  shall  place  upon  the  fruit  a  placard,  and  indorse  thereon  the  dis- 
eased condition  of  such  fruit,  and  they  shall  forth witli  cause  notice  in  writing  to  be 


29 

served  upon  the  owner  of  the  same,  if  he  he  a  resident  within  the  county,  and  if  the 
owner  he  not  a  resident  of  such  county,  then  the  written  notice  may  he  served  upon 
the  person  having  the  same  in  charge  for  the  owner  or  agent,  employee,  lessee,  or 
otherwise ;  such  notice  may  he  served  personally  or  hy  copy  left  at  the  usual  residence 
of  any  such  person,  and  if  no  such  person  resides  within  such  county  upon  whom 
service  can  he  made,  then  such  notice  may  he  served  hy  mail  by  being  deposited  in  a 
post-office,  postage  prepaid,  and  addressed  to  the  post-office  address  of  such  person 
wherever  he  may  reside.  Such  notice  shall  contain  a  simple  statement  of  the  facts 
as  found  to  exist,  with  an  order  of  said  hoard  of  fruit  commissioners  to  remove  and 
destroy  hy  burning  the  trees  so  marked  and  designated,  the  whole  tree,  roots  and 
branches,  where  infected  with  yellows,  and  the  branches  infected  with  black-knot,  and 
the  fruit  so  marked  hy  placard,  within  10  days  from  date  of  service  of  said  notice,  Sun- 
day s  excepted,  and  if  any  person  whose  duty  it  is  hereby  made  to  destroy  the  same  fails, 
neglects,  or  refuses  to  destroy  the  same  as  mentioned  in  such  order  of  said  commis- 
sioners, for  a  period  of  10  days  after  the  service  thereof,  then  the  said  commissioners 
be  and  are  hereby  authorized  to  enter  upon  the  premises  of  any  person  and  destroy  all 
such  fruitand  trees  so  mentioned  and  found  to  be  so  diseased  which  they  have  marked 
or  placarded,  and  said  commissioners  are  hereby  authorized  to  employ  all  help  and 
secure  all  necessary  means  to  so  destroy  the  same,  all  of  which  shall  be  allowed  by 
the  township  trustees  and  paid  out  of  the  township  treasury.  And  in  cases  where  said 
commissioners  shall  execute  their  own  orders  upon  default  of  the  person  whose  duty  it 
is  to  execute  the  same,  the  costs  shall  be  paid  by  the  owner  of  the  condemned  fruit  or 
trees,  and  in  case  of  his  failure  to  pay  the  same  and  all  dues,  after  demand  made  by 
the  trustees  of  such  township,  the  said  trustees  shall  certify  the  same,  together  with 
a  penalty  of  20  per  cent,  to  the  auditor  of  the  county  to  be  placed  upon  the  tax  dupli- 
cate, and  the  same  shall  become  a  lien  upon  the  premises  of  such  person  from  the  time 
of  filing  the  same  with  the  auditor,  and  collected  by  the  county  treasurer  as  other 
taxes.  Any  person  who  may  be  dissatisfied  with  the  action  of  the  township  fruit 
commission  in  condemning  his  or  her  fruit  trees  or  diseased  fruit,  on  the  ground  that 
said  trees  or  fruit  are  not  diseased,  but  sound  and  healthy,  may  appeal  in  writing,  stat- 
ing their  grievance  in  full  to  the  township  trustees,  who  shall  immediately  refer  the 
case,  through  the  township  clerk,  to  the  professor  at  the  Ohio  Experiment  Station,  who 
is  an  expert  in  the  line  of  the  complaint,  whose  duty  it  shall  be  to  forthwith  proceed 
to  view  the  fruit  or  trees  in  controversy,  and  whose  decision  shall  be  final.  All  costs 
and  expenses  in  the  case  shall  be  paid  by  the  complainant,  if  defeated,  and  if  not,  by 
the  trustees  of  the  township  in  which  the  complaint  is  made. 

Sec.  5.  An  act  entitled  "An  act  to  prevent  the  spread  of  yellows,  a  contagious 
disease  among  peach,  almond,  apricot,  and  nectarine  trees,  and  to  prevent  the  spread 
of  black  knot,  a  contagious  disease  among  cherry,  prune,  and  plum  trees,  and  to  pro- 
vide means  for  the  eradication  of  the  same,  and  to  repeal  an  act  entitled  'An  act  to 
amend  section  1  of  an  act  to  eradicate  the  disease  known  as  black  knot  on  plum  and 
cherry  trees,'"  passed  April  4,  1894,  is  hereby  repealed. 

Passed  April  18,  1896. 


OREGON. 

Laws  of  1895. 

An  Act  to  amend  an  act  entitled  "An  act  to  create  a  Stato  board  of  horticulture  and  appropriate 
money  therefor,' '  approved  February  25,  1889,  and  an  act  amendatory  thereof,  entitled  "An  act  to 
amend  an  act  entitled  'An  act  to  create  a  State  board  of  horticulture  and  appropriate  money  there- 
for,' approved  February  25,  1889,"  approved  February  21,  1891,  and  to  protect  the  horticultural 
industry  in  Oregon. 

*  #  #  *  *  #  * 

Sec.  10.  It  shall  be  the  duty  of  the  several  members  of  the  board,  and  of  the  secre- 
tary, under  their  direction,  whenever  they  shall  deem  it  necessary,  to  cause  an 


30 

inspection  to  be  made  of  any  orchards,  nurseries,  trees,  plants,  vegetables,  vines,  or 
any  fruit  packing  house,  storeroom,  sales  room,  or  any  other  place  within  their  dis- 
tricts, and  if  found  infested  with  any  pests,  diseases,  or  fungous  growths  injurious 
to  fruits,  plants,  vegetables,  trees,  or  vines,  or,  with  their  eggs  or  larvae,  liable  to 
spread  to  other  places  or  localities,  or  such  nature  as  to  be  a  public  danger,  they 
shall  notify  the  owner  or  owners,  or  persons  in  charge  of  or  in  possession  of  such 
articles,  things,  or  places,  that  the  same  are  so  infested,  and  shall  require  said  per- 
sons to  eradicate  or  destroy  said  insects  or  pests,  or  their  eggs  or  larvae,  or  to  treat 
such  contagious  diseases  within  a  certain  time,  to  be  specified  in  said  notice.  Said 
notices  may  be  served  upon  the  person  or  persons,  or  any  of  them,  owning,  having 
charge,  or  having  possession  of  such  infested  place,  article,  or  thing,  by  any  member 
of  the  board,  or  by  the  secretary  thereof,  or  by  any  person  deputed  by  the  said  board, 
or  any  member  or  the  secretary  thereof,  or  by  any  person  deputed  by  said  board  for 
that  purpose,  or  they  may  be  served  in  the  same  manner  as  a  summons  in  an  action 
at  law.  Such  notice  shall  contain  directions  for  the  application  of  some  treatment 
approved  by  the  commissioners  for  the  eradication  or  destruction  of  said  pests,  or 
the  eggs  or  larvae  thereof,  or  the  treatment  of  contagious  diseases  or  fungous 
growths.  Any  and  all  such  places,  orchards,  nurseries,  trees,  plants,  shrubs, 
vegetables,  vines,  fruit,  or  articles  thus  infested  are  hereby  declared  to  be  a  public 
nuisance;  and  whenever  auy  such  nuisance  shall  exist  at  any  place  in  the  State  on 
the  property  of  any  owner  or  owners  upon  whom  or  upon  the  person  in  charge  or 
possession  of  whose  property  notice  has  been  served  as  aforesaid,  and  who  shall  have 
failed  or  refused  to  abate  the  same  within  the  time  specified  in  such  notice,  or  on  the 
property  of  any  nonresident,  or  any  property  not  in  the  possession  of  any  person 
and  the  owner  or  owners  of  which  can  not  be  found  by  the  resident  member  of  the 
board  or  the  secretary,  after  diligent  search  within  the  district,  it  shall  be  the  duty 
of  the  board,  or  the  members  thereof  in  whose  district  said  nuisance  shall  exist,  or 
the  secretary  under  his  or  their  direction,  to  cause  such  nuisance  to  be  at  once 
abated,  by  eradicating  or  destroying  said  insects  or  pests,  or  their  eggs,  or  larva',  or 
by  treating  or  disinfecting  the  infested  or  diseased  articles.  The  expense  thereof 
shall  be  a  county  charge,  and  the  county  court  shall  allow  and  pay  the  same  out  of 
the  general  fund  of  the  county.  Any  and  all  sums  so  paid  shall  be  and  become  a 
lien  on  the  property  and  premises  from  which  said  nuisance  shall  have  been  removed 
or  abated,  in  pursuance  of  this  act,  and  may  be  recovered  by  a  suit  in  equity  against 
such  property  or  premises;  which  suit  to  foreclose  such  liens  shall  be  brought  in  the 
circuit  court  of  the  county  where  the  premises  are  situated,  by  the  district  attorney, 
in  the  name  and  for  the  benefit  of  the  county  making  such  payments.  The  proceed- 
ings in  such  cases  shall  be  governed  by  the  same  rules,  as  far  as  may  be  applicable, 
as  suits  to  foreclose  mechanics'  liens,  and  the  property  shall  be  sold  under  the  order 
of  the  court  and  the  proceeds  applied  in  like  manner.  The  board  is  hereby  invested 
with  the  power  to  cause  such  nuisances  to  be  abated  in  a  summary  manuer. 

Approved  February  23,  1895. 


PENNSYLVANIA. 

Laws  ok  1897. 

An  Act  to  prevent  the  spread  of  the  oontagioua  diseases  known  as  yellows,  black  knot,  poach  rosette, 
and  pear  blight  among  peach,  plum,  cherry,  prune,  almond,  apricot,  nectarine,  and  pear  trees,  nr  the 
fruit  thereof,  and  providing  measures  for  the  eradication  of  the  same,  and  applying  the  provisions 
of  this  act  to  "  San  Jose  scale,"  when  found  on  any  vine,  plant,  shrub,  or  fruit  tree. 

SECTION  1.  That  it  shall  be  unlawful  for  any  person  to  keep  any  peach,  almond, 
apricot,  plum,  cherry,  nectarine,  or  pear  tree  infected  with  the  contagions  diseases 
known  as  yellows,  black  knot,  peach  rosette,  or  pear  blight,  or  to  otter  for  sale  or 


31 

shipment,  or  to  sell  or  to  ship  any  of  the  fruit  thereof,  except  the  fruit  of  the  plum, 
cherry,  and  pear  tree;  that  both  tree  and  fruit  so  infected  shall  be  subject  to  destruc- 
tion as  public  nuisances  as  hereinafter  provided.  No  damages  shall  be  awarded  in 
any  court  in  the  State  for  entering  upon  the  premises  and  destroying  such  diseased 
trees,  or  parts  of  trees,  or  fruit,  if  done  in  accordance  with  the  provisions  of  this  act. 
It  shall  be  the  duty  of  every  person,  as  soon  as  he  becomes  aware  of  the  existence  of 
such  disease  in  any  tree,  parts  of  trees,  or  fruit  owned  by  him,  to  forthwith  destroy 
or  cause  said  trees  or  fruit  to  be  destroyed. 

Sec.  2.  In  any  township,  borough,  or  city  of  this  State  in  which  such  contagious 
diseases  exist,  or  in  which  there  is  good  reason  to  believe  they  exist,  or  danger  may 
be  justly  apprehended  of  their  introduction,  it  shall  be  the  duty  of  the  township 
supervisors  or  board  of  road  control,  or  borough  or  city  council,  as  soon  as  such 
information  becomes  known  to  either  such  board  or  councils,  or  any  member  thereof, 
to  appoint,  forthwith,  three  competent  freeholders  of  said  township,  borough,  or 
city  as  commissioners,  who  shall  hold  office  during  the  pleasure  of  said  board,  bor- 
ough, or  city  council,  and  such  order  of  appointment  and  of  revocation  shall  be 
entered  at  large  upon  the  township,  borough,  or  city  records;  provided,  that  the 
commissioners  now  appointed  and  in  office  shall  continue  in  said  office  until  their 
successors  are  appointed  and  qualified;  provided,  that  in  case  commissioners  have 
already  been  appointed  to  prevent  the  spreading  of  bush,  vine,  and  fruit-tree  pests, 
such  commissioners  shall  be  ex  officio  commissioners  under  this  act. 

Sec.  3.  It  shall  be  the  duty  of  said  commissioners,  within  10  days  after  the  appoint- 
ment as  aforesaid,  to  file  their  acceptances  of  the  same  with  the  clerk  of  said  town- 
ship, borough,  or  city,  and  said  clerk  shall  be  ex  officio  clerk  of  said  board  of 
commissioners,  and  he  shall  keep  a  correct  record  of  the  proceedings  of  said  board 
in  a  book  to  be  provided  for  the  purpose,  and  shall  file  and  preserve  all  papers  per- 
taining to  the  duties  and  actions  of  said  commissioners  or  either  of  them,  which 
shall  be  a  part  of  the  records  of  said  borough,  township,  or  city,  providing  that  if 
there  is  no  township  clerk,  then  it  shall  be  the  duty  of  the  township  auditors  to 
select  one  of  their  number  as  such  clerk. 

Sec.  4.  It  shall  be  the  duty  of  the  commissioners,  or  any  one  of  them,  upon  or  with- 
out complaiut,  whenever  it  comes  to  their  notice  that  either  of  the  diseases  known  as 
yellows,  black  knot,  peach  rosette,  or  pear  blight  exist  or  are  supposed  to  exist  within 
the  limits  of  their  township,  borough,  or  city,  to  proceed  without  delay  to  examine 
the  tree  or  fruit  supposed  to  be  infected,  and  if  the  disease  is  found  to  exist,  a  dis- 
tinguishing mark  shall  be  placed  upon  the  diseased  trees  and  the  owner  notified 
personally  or  by  a  written  notice  left  at  his  usual  place  of  residence;  or  if  the  owner 
be  a  nonresident,  by  leaving  the  notice  with  the  person  in  charge  of  the  trees  or 
fruit  or  the  person  in  whose  possession  said  trees  or  fruit  may  be.  The  notice  shall 
contain  a  simple  statement  of  the  facts  as  found  to  exist,  with  an  order  to  effectually 
uproot  and  destroy  by  fire,  or  as  the  commissioner  shall  order,  the  trees  so  marked  or 
designated  or  such  parts  thereof,  within  five  days,  Sundays  excepted,  from  the  date 
of  the  service  of  the  notice;  and  in  case  of  fruit  infected  such  notice  shall  require 
the  person  in  whose  possession  or  control  it  is  found  to  immediately  destroy  the 
same  or  cause  it  to  be  done  or  the  commissioner  may  destroy  the  same;  said  notice 
and  order  to  be  signed  by  one  or  more  of  the  commissioners. 

Sec.  5.  In  case  any  person  who  is  interested  in  any  tree  or  trees  so  ordered  to  be 
destroyed  shall  feel  aggrieved  by  such  order,  and  shall  believe  that  such  trees  are 
not  so  diseased,  he  may  serve  a  written  notice  upon  all  the  commissioners  in  the 
township  in  which  such  trees  are  situated,  which  notice  shall  specify  the  part  of 
such  order  to  which  objection  is  made,  and  the  particular  tree  or  trees  included  in 
such  order  which  it  is  claimed  are  not  so  diseased,  and  shall  request  an  examination 
of  such  tree  or  trees  by  all  of  said  commissioners,  which  notice  shall  be  served  per- 
sonally upon  each  of  said  commissioners  within  the  five  days  given  for  the  destruc- 
tion of  said  trees,  and  it  shall  thereupon  be  the  duty  of  all  said  commissioners  who 
have  not  already  done  so  to  personally  examine  such  tree  or  trees  as  soon  as  practi- 
cable, and  within  the  said  five  days,  and  if  a  majority  of  all  commissioners  shall 


32 

agree  that  such  tree  or  trees  are  bo  diseased  they  slm]]  order  thesame  to  be  destroyed 
forthwith  bytheowner  or  custodian  thereof;  but  if  a  majority  shall  decide  that 
such  tree  or  trees,  or  any  of  them,  are  not  so  diseased,  they  shall  revoke  the  order 
of  the  commissioner  to  destroy  the  same  as  far  as  it  relates  to  the  trees  so  found  to 
be  free  from  disease,  but  this  section  shall  riot  apply  to  fruit  ordered  to  be  destroyed. 

Sec.  6.  Whenever  any  person  shall  refuse  or  neglect  to  comply  with  the  order  to 
remove  and  destroy  the  trees  or  parts  of  trees  so  designated  and  marked  by  the  com- 
missioner, as  aforesaid,  it  shall  become  the  duty  of  the  commissioner  to  cause  said 
trees,  or  parts  of  trees,  to  be  removed  and  destroyed  forthwith,  employing  all  neces- 
sary aid  for  that  purpose.  The  expenses  for  such  removal  and  destruction  of  trees, 
or  parts  of  trees,  to  be  a  charge  against  the  township,  borough  or  city;  and  for  the 
purpose  of  such  removal  or  destruction  the  said  commissioners,  their  agents  and 
workmen,  shall  have  the  right  and  power  to  enter  upon  any  and  all  premises  within 
their  township,  borough  or  city. 

Sec.  7.  If  any  owner  neglects  to  uproot  and  destroy  or  cause  to  be  removed  and 
destroyed  as  aforesaid  such  diseased  trees  or  parts  of  trees  or  fruit  after  such  exam- 
ination and  notification  and  within  the  time  hereinbefore  specified,  or  any  other 
person  who  shall  sell  or  offer  for  sale  such  diseased  fruit,  such  person  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punished  by  a  fine  not  exceeding  $100,  in  the  discretion 
of  the  court;  and  any  justice  of  the  peace  of  the  township  or  borough  or  any  alder- 
man of  any  city  where  such  trees  may  be  or  where  such  nursery  stock  or  fruit  is  sold, 
shipped,  disposed  of,  or  delivered  as  aforesaid  shall  have  jurisdiction  thereof.  The 
words  "part  of  trees"  wherever  ust  d  in  this  act  shall  refer  to  black-knot  and  pear- 
blight  only,  and  not  to  trees  affected  with  jellows. 

Sec.  8.  The  commissioners  shall  be  allowed  for  services  under  this  act  $2  for  each 
full  day  and  $1  for  each  half  day  and  their  other  charges  and  disbursements  under 
this  act  by  the  township  board,  borough,  or  city  council,  all  of  which  costs,  charges, 
expenses,  and  disbursements  may  be  recovered  by  the  township,  borough,  or  city 
from  the  owner  of  such  diseased  fruit  or  nursery  stock,  or  from  the  owner  of  the 
premises  on  which  said  diseased  trees  stood  in  action  of  assumpsit;  provided  said 
owner  has  refused  or  neglected  to  remove  said  diseased  fruit  or  nursery  stock  in  com- 
pliance with  the  order  of  said  commissioner  or  commissioners,  and  provided  that  the 
provisions  of  this  act  shall  apply  to  the  San  Jose  scale  when  found  on  any  vine, 
plant,  shrub,  or  fruit  tree. 

Sec.  9.  All  acts  inconsistent  with  this  act  are  hereby  repealed.  This  act  is  ordered 
to  take  immediate  effect. 

Approved  June  18,  1897. 


UTAH. 

CHAPTER  33.— Laws  ok  1894. 

An  Act  authorizing  county  courts  to  appoint  fruit-tree  inspectors  and  to  provide  for  the  destruction 

of  fruit-destroying  insects. 

Section  1.  It  shall  be  the  duty  of  the  county  court  of  any  county  in  the  Territory 
of  Utah  where  fruit  is  grown  to  appoint  one  or  more  fruit-tree  inspectors  for  such 
county. 

Sec.  2.  The  duties  of  the  fruit-tree  inspectors  of  each  county  shall  be  to  inspect 
every  orchard,  vineyard,  or  nursery  in  such  county  at  such  time  and  under  such  regu- 
lations as  the  county  court  shall  prescribe,  lie  shall  annually  report  to  the  county 
court  every  item  of  interest  and  the  result  of  his  labors  pertaining  to  the  duties  of 
his  office. 

Sec.  3.  It  shall  be  the  duty  of  the  probate  judge  of  any  county  wherein  fruit  trees 
are  growing  to  annually  issue  his  proclamation,  stating  the  time  or  times  when  it  is 
prudent  and  proper  to  spray  fruit  trees  and  to  otherwise  disinfect  orchards  that  are 
infested  with  any  kind  of  fruit-destroying  insects,  in  which  he  shall  name  two  or 
more  formulas  that  have  been  used  and  approved  for  such  purposes. 


33 

Sec.  4.  The  inspector  shall  leave  a  printed  notice  with  or  mail  to  every  owner, 
occupant,  or  person  in  charge  of  any  orchard,  vineyard,  or  nursery,  produce  dealer, 
storage  or  commission  merchant,  or  any  person  handling  fruit,  on  whose  premises 
he  shall  find  any  kind  of  fruit-destroying  insects,  their  larv;e  or  their  pup;e,  com- 
manding them  to  disinfect  their  trees,  vines,  storerooms,  and  premises  in  conformity 
with  the  proclamation  of  the  probate  judge.  Such  notice  must  he  signed  by  the 
inspector,  who  shall  note  in  the  stub  of  said  notice  the  name  of  the  person  so  notified 
and  the  date  on  which  such  notice  was  served  or  duly  mailed  to  him. 

Sec.  5.  The  county  court  is  hereby  authorized  and  required  to  provide  for  the 
publication  of  the  proclamation  required  by  section  3,  and  to  formulate  such  rules 
and  regulations  as  it  may  deem  proper,  to  govern  the  actions  of  the  fruit-tree 
inspector  in  his  duties,  and  to  give  such  public  notice  as  it  may  deem  proper  in 
relation  to  the  disinfecting  of  storerooms,  warehouses,  and  sales  rooms  where  fruits 
in  either  a  green  or  dried  state  may  be  stored,  handled,  or  offered  for  sale. 

Sec.  6.  Any  owner,  occupant,  or  person  in  charge  of  land  on  which  fruit  trees  are 
growing  who  has  been  notified  as  provided  for  in  section  4  of  this  act  to  disinfect 
his  trees  or  vines,  who  shall  fail  or  neglect,  without  sufficient  cause,  to  comply  with 
said  notice,  shall,  after  conviction  in  a  court  having  jurisdiction,  be  deemed  guilty 
of  a  misdemeanor. 

Sec.  7.  When  the  owner,  occupant,  or  person  in  charge  of  any  premises  shall 
have  been  convicted  on  account  of  neglect  or  failure  to  carry  out  the  provisions  of 
section  6  of  this  act,  and  he  still  refuses  to  comply  therewith,  all  infested  trees  or 
vines  on  his  premises  may  be  disinfected  at  the  expense  of  the  owner  or  occupant  of 
said  premises. 

Sec.  8.  Any  person  who  fails  to  disinfect  his  storeroom,  warehouse,  or  sales  room 
as  directed  by  the  fruit-tree  inspector  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  9.  All  persons  importing  or  exporting  trees  in  any  county  must  get  the 
inspector's  certificate  that  such  trees  are  free  from  fruit-destroying  insects,  their 
larva}  or  their  pupa1,  and  a  failure  or  neglect  so  to  do  shall  subject  them  to  the  pen- 
alties provided  for  in  section  8  of  this  act. 

Sec.  10.  The  compensation  of  the  fruit-tree  inspector  shall  be  fixed  by  the  county 
court  and  paid  out  of  the  county  treasury ;  and  all  fines  collected  under  the  pro- 
visions of  this  act  shall  be  paid  into  the  county  treasury. 

Sec.  11.  This  act  shall  take  effect  from  and  after  its  approval. 

Approved  March  1,  1894. 


VIRGINIA. 


An  Act  To  amend  and  reenact  an  act  entitled  an  act  to  eradicate  the  San  Jose  or  pernicious  scale, 
a  disease  affecting  fruit  trees,  and  to  prevent  its  spread,  approved  March  5,  1896. 

[Approved  February  28,  1898.] 

Whereas  the  fruit  industry  in  Virginia  is  threatened  with  serious  and  irreparable 
damage  by  an  insect  known  as  the  San  Jose  or  pernicious  scale,  now  present  in  some 
parts  of  the  State :  Therefore, 

Be  it  enacted  by  the  general  assembly  of  Virginia  : 

1.  That  an  act  entitled  "An  act  to  eradicate  the  San  Jose  or  pernicious  scale,  a 
disease  affecting  fruit  trees,  and  to  prevent  its  spread,  approved  .March  fifth,  eighteen 
hundred  and  ninety-six,"  be  amended  and  reenacted  so  as  to  read  as  follows : 

Be  it  enacted  by  the  general  assembly  of  Virginia: 

Section  1.  That  the  board  of  control  of  the  State  agricultural  experiment  station 
be,  and  is,  hereby  empowered  and  directed  to  take  immediate  action  to  suppress  and 
eradicate  this  insect. 

Sec.  2.  The  said  board  is  hereby  authorized  and  required  to  designate  a  member 
of  the  scientific  staff  of  the  agricultural  experiment  station  to  act  as  inspector 

14670— No.  13 3 


34 

under  the  provisions  of  this  act ;  and  it  shall  he  the  duty  of  said  hoard  to  promul- 
gate rules  and  regulations  in  accordance  with  this  act  for  the  government  of  said 
inspector  in  the  duties  devolving  upon  him  in  the  execution  of  the  provisions  of  this 
act;  and  the  said  hoard  may  further  appoint  assistants  as  may  he  necessary  for  the 
purpose  of  aiding  the  inspector  in  the  enforcement  of  this  act. 

Sec  3.  The  inspector  shall  have  power  under  the  regulations  of  said  hoard  to 
determine  whether  any  infested  plants  are  worthy  of  remedial  treatment  or  shall  he 
destroyed ;  and  he  shall  report  his  findings  in  writing,  giving  reasons  therefor,  to  the 
owner  of  the  infested  plants,  his  agent,  or  tenants,  and  a  copy  of  such  report  shall 
also  he  submitted  to  said  hoard.  In  case  of  objection  to  the  findings  of  the  inspector 
an  appeal  shall  he  to  the  said  hoard,  whose  decision  shall  he  final.  An  appeal  must 
he  taken  within  three  days,  and  shall  act  as  a  stay  of  proceedings  until  it  is  heard 
and  decided. 

Sec.  4.  Upon  the  findings  of  the  inspector  in  any  case  of  infested  plants  the  treat- 
ment prescribed  by  him  shall  be  executed  at  once  (unless  an  appeal  be  taken) 
under  his  supervision,  cost  of  material  and  labor  to  be  borne  by  the  owner,  except 
when  the  county  supervisors  or  town  or  city  corporations  shall  have  provided  for 
the  expense  of  the  same,  as  authorized  in  section  eight  of  this  act. 

Sec.  5.  In  case  any  person  or  persons  fail  or  refuse  to  execute  the  directions  of  the 
inspector  or  of  the  said  board  after  an  appeal,  the  county  judge  shall,  upon  com- 
plaint filed  by  the  inspector  or  any  freeholder,  cite  the  person  or  persons  to  appear 
before  him  at  the  first  regular  session  of  the  county  court,  and  upon  satisfactory 
evidence  of  such  failure  or  refusal  shall  cause  the  prescribed  treatment  or  destruc- 
tion to  be  executed,  and  the  expense  thereof  and  costs  of  court  shall  be  collected  by 
execution  from  the  owner  or  owners  of  the  infested  plants. 

Sec.  6.  It  shall  be  unlawful  to  offer  for  sale,  sell,  give  away,  or  transport  within 
the  bounds  of  this  State  plants,  scions,  trees,  shrubs,  or  vines  infested  with  the  San 
Jose  scale.  Any  person  or  persons  violating  this  section  shall,  upon  conviction 
thereof,  be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars.  This 
section  shall  not  be  construed  as  affecting  the  action  of  common  carriers  in  the  trans- 
portation in  the  article  above  mentioned  in  interstate  commerce. 

Sec.  7.  The  said  board  of  control  of  the  agricultural  experiment  station,  its  agents, 
or  employees  are  hereby  empowered  with  authority  to  enter  upon  any  premises  and 
examine  all  plants  whatsoever  in  discharge  of  the  duties  herein  prescribed.  Any 
person  or  persons  who  shall  obstruct  or  hinder  them  or  their  agents  in  the  discharge 
of  their  duties  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  twenty  dollars  nor  more  than  fifty  dollars. 

Sec.  8.  The  board  of  supervisors  of  any  county  and  the  town  council  or  city  coun- 
cil of  any  incorporated  town  or  city  of  this  State  are  hereby  authorized,  upon  the 
petition  of  ten  freeholders,  to  appropriate  from  the  county,  town,  or  city  treasury 
such  funds  as  may  be  necessary  for  use  in  the  said  county,  town,  or  city  for  the  treat- 
ment and  eradication  of  the  above-cited  insect  pest:  Provided,  Tbat  it  shall  be  dis- 
tinctly stated  in  any  such  appropriation  the  specific  objects  for  which  the  same  is  to 
be  expended,  and  that  such  treatment  shall  be  done  in  accordance  with  the  directions 
and  under  the  authority  of  the  inspector  hereinbefore  provided  for. 

Sec.  9.  There  is  hereby  appropriated,  from  any  moneys  in  the  State  treasury  not 
otherwise  appropriated,  the  sum  of  one  thousand  dollars  per  annum  for  the  purpose 
of  defraying  the  expenses  of  the  execution  of  this  act,  and  the  auditor  of  the  Com- 
monwealth is  hereby  directed  to  draw  his  warrant  upon  the  treasurer  of  the  same 
for  this  sum  or  such  parts  thereof  as  may  be  necessary  until  the  said  sum  of  one 
thousand  dollars  per  annum  be  expended,  upon  the  filiug  with  him  of  properly  item- 
ized vouchers  certified  by  the  chairman  of  said  board.  The  said  board  shall  make  a 
biennial  report  to  the  governor  of  the  State,  giving  in  detail  its  operations  and 
expenditures  under  this  act. 

2.  This  act  shall  be  in  force  from  its  passage. 


WASHINGTON. 

CHAPTER  CIX.— Session  Laws,  1897. 

An  Act  to  promote  and  protect  the  fruit-growing  and  horticultural  interests  of  the  State  of  Wash- 
ington, to  provide  for  the  appointment  of  a  commissioner  of  horticulture,  to  repeal  certain  laws  in 
conflict  therewith. 

Be  it  enacted  by  Hie  legislature  of  the  State  of  Washington: 

Section  1.  A  commissioner  of  horticulture  shall  he  appointed  by  the  governor. 
It  is  hereby  provided,  prior  to  appointment,  the  applicant  must  furnish  a  certificate 
from  the  faculty  of  the  college  of  agriculture  that  he  is  a  skilled  horticulturist;  on 


35 

such  certificate  the  governor  may  make  the  appointment.  Before  entering  upon  the 
discharge  of  his  duties  said  commissioner  shall  take  and  subscribe  an  oath  to  sup- 
port the  Constitution  of  the  United  States  and  the  constitution  and  laws  of  tbe 
State  of  Washington  and  to  faithfully  discharge  the  duties  of  his  office,  which  said 
oath,  together  with  the  aforesaid  certificates,  shall  be  filed  with  the  secretary  of 
state.  Said  commissioner  shall  keep  his  office  at  Tacoma,  which  shall  be  open  to 
the  public  during  normal  office  hours  every  day  excepting  Sunday  and  legal  holi- 
days and  days  when  he  may  be  necessarily  absent  attending  to  official  duties  in 
other  parts  of  his  district. 

Sec.  2.  The  object  for  which  said  commissioner  is  appointed  is  to  maintain  and 
exercise  a  supervisory  directory  over  the  horticultural  industries  of  the  State,  to 
enforce  the  laws  relative  to  the  importation,  transfer,  and  sale  of  fruit,  fruit  trees, 
plants,  or  nursery  stock  within  the  State,  and  to  give  such  instruction  to  fruit  cul- 
turists  regarding  cultivation  and  the  extermination  of  fruit  pests  as  the  nature  of 
the  case  may  demand.  The  official  term  of  the  commissioner  of  horticulture  shall 
begin  on  the  first  day  of  April,  1897,  and  continue  for  four  years,  and  until  his  successor 
is  appointed  and  qualified.  Said  commissioner  shall  receive  annually,  in  full  consid- 
eration of  his  official  services,  the  sum  of  $1,000,  and  for  incidental  expenses  of  his 
office,  such  as  necessary  traveling  fare,  stationery,  and  postage,  the  sum  of  $500,  or 
so  much  thereof  as  shall  be  actually  expended.  Each  of  said  sums  shall  be  due  and 
payable  in  monthly  installments  in  warrants  drawn  by  the  State  auditor  on  the 
State  treasurer. 

Sec.  3.  Said  commissioners  maybe  removed  from  office  at  anytime  for  cause,  such 
as  inefficiency,  neglect  of  duty,  or  immoral  conduct;  but  no  removal  from  the  office 
of  commissioner  of  horticulture  shall  be  made  for  political  reasons.  Vacancies 
occurring  in  the  office  of  commissioner  during  a  term  shall  be  filled  by  the  governor 
making  an  appointment  for  the  unexpired  term,  under  rules  and  regulations  as 
prescribed  in  section  1  of  this  act  for  full-term  appointments. 

Sec.  4.  Fruit  culturists  in  any  county  in  this  State  are  hereby  authorized  and 
empowered  to  organize  into  a  county  horticultural  society,  and  the  better  to  pro- 
mote and  protect  the  horticultural  interests  of  the  county,  the  society  will  nominate 
a  qualified  person  for  county  inspector  of  fruits,  trees,  and  plants,  and  of  insect 
pests  destructive  to  the  fruit  interests  of  the  county.  The  nomination  shall  be 
made  to  the  board  of  commissioners  (of  the  county  wherein  said  society  is  organ- 
ized), who  are  hereby  authorized  to  appoint  such  person  as  county  fruit  inspector, 
deliver  to  him  a  certificate  of  his  appointment,  and  mail  a  duplicate  copy  of  such 
certificate  to  the  said  State  commissioner  of  horticulture.  Said  county  inspectors 
shall  be  entitled  to  a  per  diem  of  $2  for  each  day's  actual  service,  to  be  paid  by  the 
county  in  which  said  inspector  is  appointed. 

Sec.  5.  No  person,  firm,  or  corporation  shall  engage  or  continue  in  the  business 
of  selling  within  the  State,  or  importing  fruit  trees,  plants,  or  nursery  stock  into  this 
State  without  first  having  obtained  a  license  to  carry  on  such  business  in  this  State, 
as  in  this  act  provided:  Provided,  That  this  section  shall  not  apply  to  any  person  or 
persons  who  may  from  time  to  time  sell  or  give  away  any  fruit  trees,  plants,  or  nur- 
sery stock  the  growth  of  which  shall  be  the  result  of  his  or  their  own  industry,  and 
where  such  sales  are  made  without  canvassing,  soliciting,  advertising,  or  the  employ- 
ment of  agents. 

Sec.  6.  Any  person,  firm,  or  corporation  may  obtain  a  license  to  engage  or  con- 
tinue in  the  business  of  selling  and  importing  fruit  trees,  plants,  or  nursery  stock 
into  this  State  by  submitting  his  application  therefor  to  the  commissioner  of  horti- 
culture, together  with  a  satisfactory  bond  in  the  sum  of  $1,000,  to  be  approved  by 
the  said  commissioner,  conditioned  that  the  principal  and  his  or  their  agents  will 
faithfully  obey  the  provisions  of  this  act  and  the  laws  of  the  State  of  Washington, 
and  that  the  said  principal  will  pay  the  cost  of  inspection  and  destruction  of  all 
infested  nursery  stock  or  other  material  or  goods  imported  into  or  sold  within  such 
districts  of  this  State  by  the  said  principal  or  his  or  their  agent.  Licenses  under 
this  act  shall  be  for  two  years  or  less,  at  the  discretion  of  the  commissioner. 


36 

Sec.  7.  It  shall  be  the  duty  of  every  person,  firm,  or  corporation  licensed  to  do 
business  under  this  act  to  notify  the  commissioner  of  horticulture  of  his  intention  to 
ship  an  invoice  of  fruit  trees,  plants,  or  any  nursery  stock  from  one  point  to  another 
within  the  State,  or  to  import  an  invoice  of  similar  goods  from  without  to  any  point 
within  the  State,  whether  for  the  purpose  of  sale  or  for  personal  use.  Such  notice 
shall  contain  the  name  and  address  of  both  the  consignor  and  consignee,  and  a 
descriptive  invoice  of  the  goods  to  be  shipped,  the  freight  or  express  office  at  which 
the  goods  are  to  be  delivered,  and  the  name  or  title  of  the  transportation  company 
from  whom  the  consignee  is  to  receive  such  goods.  Such  notice  shall  be  mailed  at 
least  twenty-four  hours  before  the  day  of  such  shipment. 

Sec.  8.  Any  person,  firm,  or  corporation  who  shall  sell  within  this  State,  or  import 
into  this  State,  any  fruit  trees,  plants,  or  nursery  stock  in  violation  of  the  provi- 
sions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  fined  for  each  offence  in  any  sum  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars. 

Sec.  9.  Any  person  who  shall  offer  for  sale,  or  solicit  persons  within  this  State  to 
purchase  from  him,  any  fruit  trees,  plants,  or  nursery  stock  belonging  to  any  person 
or  firm  not  licensed  under  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor  and  fined  in  any  sum  not  exceeding  one  hundred  dollars  ($100).  All 
fines  imposed  for  violation  of  the  provisions  of  this  act  shall  be  paid  to  the  treasurer 
of  the  county  wherein  the  violation  was  committed  and  placed  to  the  credit  of  the 
general  fund  of  such  county. 

Sec.  10.  For  the  purpose  of  preventing  the  introduction  and  spread  of  contagious 
diseases,  fruit  pests,  spores,  and  fungus  growth  among  fruit  trees  and  plants  and 
other  nursery  stock,  and  for  the  disinfection  and  cure  of  fruit-tree  diseases,  and  the 
extirpation  of  fruit  pests,  spores,  and  fungus  growth,  the  commissioner  of  horticul- 
ture shall  prescribe  such  remedies  as  he  shall  deem  best ;  describe  and  formulate  such 
remedies,  with  their  proper  mode  of  application,  with  such  additional  instructions 
as  he  may  deem  necessaiy,  into  a  circular  or  bulletin,  which  he  shall  have  printed 
and  distributed  to  the  several  county  horticultural  societies  and  inspectors  in  his 
district;  he  shall  include  also  in  said  bulletin  the  rules  and  regulations  under  which 
a  person,  firm,  or  corporation  may  lawfully  sell,  import  into  this  State  and  sell  or 
authorize  to  be  sold,  fruit  trees,  plants,  or  nursery  stock,  and  the  penalties  to  be 
incurred  for  a  violation  of  these  rules;  he  shall  prepare  also  a  poster  which  shall 
contain  said  rules,  regulations,  and  penalties,  which  shall  be  distributed  with  the 
said  bulletins.  County  inspectors  are  directed  to  put  up  said  posters  in  not  less 
than  three  conspicuous  places  in  their  county,  one  of  which  places  must  be  in  front 
of  the  county  court  house.  The  commissioner  of  horticulture  shall  hear  and  promptly 
decide  all  appeals  from  the  county  inspectors,  and  his  decisions  shall  have  full  force 
and  effect  until  set  aside  by  the  courts  of  the  State.  In  all  cases  of  appeal  he  shall 
disregard  technicalities;  decide  each  and  every  case  on  its  merits.  All  appeals  from 
county  inspectors  to  the  commissioner  shall  be  under  forms  and  regulations  as  pre- 
scribed by  the  commissioner.  He  shall  approve  or  reject  all  bonds  required  by  law 
to  be  submitted  to  him,  and  he  shall  file  and  safely  keep  all  bonds  and  other  papers 
by  law  required  to  be  filed  with  him.  He  shall  examine  all  fruits,  specimens  of  fruit 
trees,  shrubbery,  or  plants  submitted  to  him  for  examination ;  enter  the  result  of  his 
examination  in  a  register  to  be  kept  by  him  for  that  purpose,  and  send  a  copy  of 
such  result  to  the  person  asking  for  the  examination.  He  shall,  from  time  to  time, 
as  he  may  deem  for  the  best  interests  of  the  horticultural  industry  of  the  State,  pub- 
lish bulletins  which  shall  be  sent  free  to  the  various  county  horticultural  societies 
in  the  State;  such  bulletins  to  contain  a  brief  resume  of  the  discoveries  of  science  of 
interest  to  horticulture,  or  any  other  matter  which  the  commissioners  shall  deem  of 
importance  to  such  interests.  And  unless  there  bo  urgent  or  special  need  therefor, 
no  bulletins  shall  contain  any  matter  that  has  appeared  in  any  previous  bulletin. 

Sec.  11.  County  fruit  inspectors  who  shall  be  appointed  under  and  by  authority 
of  this  act  are  hereby  authorized  and  empowered  to  enforce  the  provisions  of  this 


37 

act  to  prevent  the  introduction  and  spread  of  fruit  tree  and  plant  diseases,  insect 
pests,  fungi,  spores,  eggs,  or  larvae  of  insects  injurious  to  the  fruit  interests  of  his 
county  or  of  this  State. 

Sec.  12.  It  is  hereby  made  the  duty  of  the  county  fruit  inspector,  if  from  his 
personal  observation,  complaint,  or  other  credible  information,  he  has  reason  to  sus- 
pect that  any  person,  company,  or  corporation  has  an  orchard,  trees  or  nursery  of 
trees,  vines,  or  garden,  fruit  packing  house,  storeroom,  or  that  any  other  place  or 
material  in  his  county  is  infected  with,  or  is  a  repository  for  eggs,  larvae  of  any 
noxious  insects  injurious  to  fruits  and  plants,  or  that  any  trees,  fruits,  or  plants  are 
in  transit  to  his  county  from  outside  of  this  State,  or  about  to  be  disseminated 
within  his  county,  which  are  known  or  are  suspected  to  be  from  localities  that  are 
infested  with  any  disease  or  pests  injurious,  or  that  may  become  injurious,  to  the 
fruit  interests  of  his  county  or  State.  H<-  shall  without  delay  inspect  the  premises, 
property,  or  materials  so  suspected,  and  if  the  same  is  found  to  be  infected  as 
aforesaid,  he  shall  notify,  in  writing  (prescribing  the  manner  of  disinfection),  the 
owner,  his  agent,  or  the  person  in  charge  of  the  same,  to  treat  and  disinfect  the  said 
premises  or  property  within  five  days.  If  any  person  so  notified  shall  neglect  or 
fail  to  disinfect  such  said  premises  or  property  in  the  manner  and  in  the  time  pre- 
scribed in  said  notice,  the  person  notified  and  failing  to  disinfect  the  infected  prop- 
erty or  premises  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  five  dollars  ($5)  nor  more  than  fifty  dollars  ($50) 
and  costs  of  action  in  court,  which  fine  and  costs  shall  be  a  judgment  lien  upon  said 
premises  or  property.  After  the  expiration  of  said  ten  *  days  and  the  failure  on  the 
part  of  the  owner  or  person  in  charge  to  disinfect  the  said  premises  or  property  as 
aforesaid,  then,  to  prevent  the  spread  of  insect  pests  or  disease,  it  will  be  the  duty 
of  the  county  inspector  to  enter  on  such  premises  or  property  and  disinfect  the  same. 
The  cost  of  such  disinfection  shall  be  a  lien  against  said  premises  or  property,  the 
payment  of  which  shall  be  collectible,  with  costs,  in  any  court  of  the  State. 

Sec.  13.  Any  person  or  persons  which  shall  bring  into  the  State,  sell,  offer  for  sale, 
distribute,  or  give  away  fruit  trees,  plants,  shrubs,  fruit,  or  other  material  infested 
with  any  kind  of  insect  pests  injurious  to  fruit,  fruit  trees,  or  plants  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars  ($25)  nor  more  than  two  hundred  dollars  ($200),  or  by 
imprisonment  in  the  county  jail  not  less  than  sixty  days  nor  more  than  one  year: 
Provided,  That  for  each  repeated  offense  the  person  or  persons  convicted,  as  afore- 
said, may  be  punished  by  a  fine  of  one  hundred  to  two  hundred  dollars  ($100  to  $200), 
or  by  imprisonment  not  to  exceed  two  years.  Any  person  or  persons  who  shall  sell, 
offer  for  sale,  distribute,  or  give  away  any  tree  or  trees,  root  or  roots,  grafts,  cuttings 
or  scions,  infested  with  insect  pests,  spores,  or  fungus  growth,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine  [of]  not  less 
than  five  dollars  ($5)  nor  more  than  twenty-five  dollars  ($25),  or  by  imprisonment  in 
the  county  jail  not  less  than  ten  days  nor  more  than  thirty  days.  A  repetition  of  the 
offense  shall  subject  the  offender  to  increased  penalty,  not  over  the  maximum  above 
stated.  Any  nursery  trees,  shrubs,  or  plants  which  have  been  shipped  from  and  to 
any  place  within  the  State  for  distribution  or  for  planting,  and  which  are  infested 
with  any  injurious  insects,  larvae,  or  fungus  growth,  shall  be  disinfected  under  the 
direction  of  the  inspector  of  the  county  wTiereto  such  trees  and  plants  are  taken, 
and  the  cost  of  such  disinfection  shall  be  charged  to  the  owner  of  said  articles,  and 
shall  be  a  lien  on  said  trees,  shrubs,  or  plants  until  paid ;  and  the  person  in  posses- 
sion of  such  articles  being  held  subject  to  lien  shall  have  a  legitimate  claim  against 
the  party  from  whom  he  received  the  articles  for  reimbursement  of  cost,  including 
cost  of  collection,  and  may  be  enforced  in  any  of  the  courts  of  the  State.  It  is  pro- 
vided that  if  the  cost  of  said  disinfection  is  more  than  five  dollars  ($5)  the  expenses 
shall  not  exceed  the  rate  of  five  cents  per  tree,  and  said  lien  to  be  foreclosed  upon 
like  notice  and  manner  as  in  the  case  of  sales  of  personal  property  on  execution. 

*  This  law  is  copied  verbatim  from  the  third  biennial  report  of  the  State  board  of  horticulture  and 
this  apparently  discrepant  number  occurs  in  the  original. 


38 

Sec.  14.  The  county  fruit  inspector  shall,  in  the  performance  of  his  duty  as  such 
inspector,  have  on  any  day  (except  Sundays)  free  access  to  orchards,  nurseries,  gar- 
dens,  hop  fields,  packing  houses,  fruit  stands,  and  storerooms  where  fruit  may  be 
kept,  fruit  boxes,  full  or  empty,  or  any  other  materials  or  place  suspected  of  being 
infested  with  insect  pests  or  diseases  injurious  to  the  fruit  interests  of  the  State.  If 
he  finds  any  nursery,  orchard,  garden,  or  other  place  or  material  infected  with 
insects  or  fungus  growth,  larva',  or  spores  injurious  to  the  fruit  interests,  he  shall 
forthwith  notify  in  writing  the  owners,  occupants,  or  persons  in  possession  thereof 
that  the  same  is  infected,  and  direct  the  manner  in  which  the  same  shall  be  disin- 
fected. If  the  owner,  occupant,  or  person  in  possession  of  said  orchard,  garden, 
storeroom,  fruit  stand,  or  other  place  or  infested  material  shall  not  within  ten  days 
disinfect  the  same  in  the  manner  by  the  county  inspector  required,  or  shall  not  have 
appealed  from  the  decision  of  the  county  inspector  to  the  commissioner  of  horticul- 
ture, if  the  premises  infected  be  an  orchard  or  nursery  of  fruit  trees,  a  garden,  fruit 
stand,  or  storeroom,  and  the  person  or  persons  in  charge  thereof  having  neglected  or 
refused  to  disinfect  the  said  premises  within  the  time  specified  in  said  notice,  nor  have 
appealed  as  aforesaid,  then  the  county  inspector  shall  enter  on  and  disinfect  any  of 
the  said  premises  so  neglected,  and  the  costs  thereof  shall  be  a  legitimate  charge 
and  lien,  with  interest  until  paid,  upon  the  real  property  of  the  owner  of  such 
premises  so  disinfected;  such  lien  shall  be  collectible,  with  costs  of  suit,  in  any  of 
the  courts  of  the  State,  as  other  lawful  claims  are  collectible.  If  the  infected  prop- 
erty be  transportable  materials,  the  county  inspector  shall  notify  in  writing  the 
person  in  charge  thereof  to  disinfect  the  same  within  twenty-four  hours,  and  jjre- 
scribe  the  manner  of  disinfection.  If  the  person  in  charge  of  said  infected  materials 
neglect  or  refuse  to  disinfect  the  same  as  notified,  or  failed  to  appeal,  then  the 
inspector  shall  destroy  such  infected  materials  as  fruits,  fruit  boxes,  baskets,  wrap- 
pings, and  portable  fruit  stands  by  burning  the  same.  If  an  appeal  be  taken,  the 
inspector  shall  (after  the  twenty-four  hours'  notice)  take  immediate  possession  of  such 
movable  property  and  safely  keep  the  same  until  the  appeal  is  decided ;  if  the  decision 
of  the  commissioner  be  in  favor  of  the  appellant,  the  property  shall  be  returned  to  him ; 
on  an  adverse  decision,  the  property  will  be  destroyed  by  the  inspector.  All  appeals 
from  the  action  or  demands  of  the  county  inspector  shall  be  taken  to  the  said  com- 
missioner of  horticulture. 

Sec.  15.  A  certain  act  approved  March  1,  1891,  entitled  "  An  act  to  create  a  State 
board  of  horticulture  and  appropriate  money  therefor,"  and  an  act  amendatory 
thereto  approved  March  11,  1895,  and  all  other  laws  or  parts  of  laws  inconsistent  or 
in  conflict  with  the  provisions  of  this  act,  are  hereby  repealed. 

Passed  the  House  March  5,  1897. 

Passed  the  Senate  March  11,  1897. 

Approved  by  the  governor  March  17,  1897. 


PROPOSED  NATIONAL  LEGISLATION. 

The  bill  which  immediately  follows  is  one  which  was  drafted  by  a 
national  convention  held  in  Washington  March  5-6,  1897,  for  the  sup- 
pression of  insect  pests  and  plant  diseases  by  legislation.  The  con- 
vention was  composed  of  delegates  from  State  horticultural  and 
agricultural  societies,  of  prominent  nurserymen,  and  of  economic 
entomologists. 

Following  this  bill  there  are  printed  two  sections  which  at  the  annual 
convention  of  the  National  Association  of  Nurserymen,  held  in  St. 
Louis,  in  June,  1897,  were  adopted  as  substitutes  for  sections  1  and  2  of 
the  Washington  bill. 

Following  this  is  printed  the  modified  bill  introduced  into  the  House 
of  Eepresentatives  by  Hon.  C.  A.  Barlow,  of  California,  and  which  was 
submitted  February  16,  1898,  with  a  favorable  report  by  the  Committee 
on  Agriculture. 

BIIiL  DRAFTED  BY  THE  WASHINGTON  CONVENTION. 

Bill  Relating  to  Interstate  and  International  Legislation  Against  Insect 

and  Fungous  Pests. 

An  Act  to  provide  for  the  inspection  and  treatment  of  trees,  plants,  buds,  cuttings,  grafts,  scions, 
nursery  stock,  and  fruit  imported  into  the  United  States,  and  for  the  inspection  and  treatment  of 
trees,  plants,  buds,  cuttings,  grafts,  scions,  and  nursery  stock  grown  -within  the  United  States  which 
becomes  a  subject  of  interstate  commerce. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled : 

Section  1.  That  the  Secretary  of  Agriculture  be,  and  is  hereby,  authorized,  at  the 
expense  of  the  owner  or  owners,  to  place  and  retain  in  quarantine  all  trees,  plants, 
buds,  cuttings,  grafts,  scions,  nursery  stock,  and  fruit  imported  into  the  United  States 
at  such  ports  as  he  may  designate  for  such  purposes  and  under  such  conditions  as 
he  may,  by  regulation,  prescribe,  and  that  he  may  appoint  inspectors  for  the  purpose 
of  examining  such  trees,  plants,  buds,  cuttings,  grafts,  scions,  nursery  stock,  and 
fruit  for  the  purpose  of  ascertaining  whether  they  are  affected  by  any  dangerously 
injurious  insect  or  disease,  the  importation  of  which  will  be  prejudicial  to  the  horti- 
cultural interests  of  the  United  States,  and  provide  for  the  treatment  of  such  when 
found  necessary. 

Sec.  2.  That  when  such  trees,  plants,  buds,  cuttings,  grafts,  scions,  nursery  stock, 
and  fruit  shall  be  determined  to  be  infested  with  any  dangerously  injurious  insect 
or  disease  they  shall  be  treated  at  the  expense  of  the  owner  or  owners  in  accordance 
with  the  regulations  of  the  Secretary  of  Agriculture,  or  they  shall  be  destroyed  in 
case  their  condition  is  such  as  to  warrant  such  destruction ;  but  an  appeal  may  be 
taken  from  the  decision  of  the  inspector  to  the  Secretary  of  Agriculture  if  such 
appeal  be  taken  within  three  days  after  such  inspection,  and  the  decision  of  the 
Secretary  of  Agriculture  shall  be  final. 


40 

Sec.  3.  That  when  such  inspection  shall  show  that  such  trees,  plants,  buds,  cut- 
tings, grafts,  scions,  nursery  stock,  or  fruit  arc  apparentl}T  free  from  dangerously 
injurious  insects  or  diseases,  a  certificate  to  this  effect,  made  in  accordance  with  the 
regulations  of  the  Secretary  of  Agriculture,  shall  be  issued  to  the  owner  or  owners 
thereof  by  the  said  inspector,  and  this  certificate  shall  operate  to  release  all  the 
objects  above  specified,  when  duly  stamped  or  labeled  with  the  same,  from  further 
quarantine  or  restriction  either  at  the  said  port  of  entry  or  in  interstate  commerce. 
Any  person  who  shall  forge,  counterfeit,  or  knowingly  alter,  deface,  or  destroy  any 
of  the  marks,  stamps,  or  certificates  provided  for  in  the  regulations  of  the  Secretary 
of  Agriculture  on  any  such  trees,  plants,  buds,  cuttings,  grafts,  scions,  nursery  stock, 
or  fruit,  or  who  shall  forge,  counterfeit,  or  knowingly  and  wrongfully  alter,  deface, 
or  destroy  any  certificate  as  provided  for  in  said  regulations,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine  not  to 
exceed  five  hundred  dollars  or  imprisonment  not  to  exceed  one  year,  or  both,  at  the 
discretion  of  the  court. 

Sec.  4.  That  whenever  it  shall  appear  to  the  Secretary  of  Agriculture  that  any 
foreign  country  shall  have  provided  proper  and  competent  inspection  and  treatment, 
in  accordance  with  the  provisions  of  this  act,  for  the  objects  above  specified  as  being 
subject  to  inspection  aud  treatment,  he  may,  by  proclamation  or  otherwise,  accept 
such  inspection  and  treatment  in  lieu  of  inspection  performed  by  officers  appointed 
by  himself,  which  acceptation  or  proclamation  by  the  Secretary  of  Agricucture,  shall 
relieve  all  such  articles  specified  in  the  foregoing  sections  of  this  act,  when  properly 
stamped  or  labeled,  from  further  quarantine  or  restrictions. 

Sec.  5.  That  the  Secretary  of  Agriculture  shall  cause  to  be  inspected  and  properly 
treated,  at  the  expense  of  the  owner  or  owners,  prior  to  their  shipment,  all  trees, 
plants,  buds,  cuttings,  grafts,  scions,  and  nursery  stock  which  are  subjects  of  inter- 
state commerce  and  which  are  about  to  be  transported  from  one  State  or  Territory 
or  the  District  of  Columbia  into  another  State  or  Territory  or  the  District  of 
Columbia. 

Sec.  6.  That  the  said  examination  shall  be  made  in  the  manner  provided  for  by 
the  rules  and  regulations  prescribed  by  the  Secretary  of  Agriculture,  and  that  after 
such  examination  the  trees,  plants,  buds,  cuttings,  grafts,  scions,  or  nursery  stock 
found  to  be  apparently  free  from  dangerously  injurious  insects  or  diseases  shall  be 
marked,  stamped,  or  labeled  for  identification,  as  may  be  provided  for  by  said  rules 
and  regulations  of  the  Secretary  of  Agriculture,  and  when  so  stamped  or  labeled 
they  shall  not  be  subject  to  further  quarantine  or  restriction  in  interstate  commerce. 
Any  person  who  shall  forge,  counterfeit,  or  knowingly  alter,  deface,  or  destroy  any 
of  the  marks,  stamps,  or  said  devices  provided  for  in  the  regulations  of  the  Secre- 
tary of  Agriculture  on  any  such  trees,  plants,  buds,  cuttings,  grafts,  scions,  and 
nursery  stock,  or  who  shall  forge,  counterfeit,  or  knowingly  or  wrongfully  alter, 
deface,  or  destroy  any  certificate  provided  for  in  said  regulations,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars  or  imprisonment  not  exceeding  one  year,  or  by  both 
such  punishments,  at  the  discretion  of  the  court. 

Sec.  7.  That  it  shall  be  unlawful  for  any  person,  persons,  or  corporation  to  trans- 
port from  one  State  or  Territory  or  the  District  of  Columbia,  or  for  any  person,  per- 
sons, or  corporation,  to  deliver  to  any  other  person,  persons,  or  corporation,  or  to  the 
postal  service  of  the  United  States,  except  for  scientific  purposes,  by  permission  or 
direction  of  the  Secretary  of  Agriculture,  for  transportation  from  one  State  or  Terri- 
tory or  the*  District  of  Columbia  into  any  other  State  or  Territory  or  the  District  of 
Columbia  any  trees,  plants,  buds,  cuttings,  grafts,  scions,  or  nursery  stock  which 
have  not  been  examined  in  accordance  with  the  j^rovisions  in  sections  5  and  6  of 
this  act,  or  which  on  said  examination  have  been  declared  by  the  inspector  to  be  dan- 
gerously infested  with  injurious  insects  or  diseases.  Any  person,  persons,  or  corpo- 
ral ion  violating  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  for  such  offense  as  provided  in  section  6 
of  this  act. 


41 

Sec.  8.  That  whenever  it  shall  appear  to  the  Secretary  of  Agriculture  that  any- 
State,  Territory,  district,  corporation,  firm,  or  person  shall  have  provided  proper 
and  competent  inspection  and  treatment  in  accordance  with  the  provisions  of  this 
act  for  the  objects  above  specified  as  being  subject  to  inspection  and  treatment,  he 
may,  by  proclamation  or  otherwise,  accept  such  inspection  and  treatment  in  lieu  of 
inspection  and  treatment  by  officers  appointed  by  himself,  which  acceptation  or 
proclamation  by  the  said  Secretary  of  Agriculture  shall  relieve  all  such  articles 
specified  in  sections  5,  6,  and  7  of  this  act,  when  properly  stamped  or  labeled,  from 
further  quarantine  or  restrictions  in  interstate  commerce. 

Sec.  9.  That  the  sum  of  fifty  thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury  of  the  United  States 
not  otherwise  appropriated,  to  carry  into  effect  the  provisions  of  this  act. 

Sec.  10.  This  law  shall  take  effect  on  and  after  the  first  day  of  July,  1897. 


SUBSTITUTE     SECTIONS    PROPOSED    BY    THE    NATIONAL 
NURSERYMEN'S   ASSOCIATION. 

An  Act  to  provide  rules  and  regulations  for  the  importation  of  trees,  plants,  shrubs,  vines,  grafts, 
cuttings,  and  buds,  commonly  known  as  nursery  stock,  and  fruits,  into  the  United  States.  And  for 
rules  and  regulations  for  the  inspection  of  trees,  plants,  shrubs,  vines,  grafts,  cuttings,  and  buds 
commonly  known  as  nursery  stock,  grown  within  the  United  States,  which  become  subjects  of 
interstate  commerce. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled: 

Section  1.  That  it  shall  b§  unlawful  for  any  transportation  company  after 
October  first,  1898,  to  offer  for  entry  at  any  port  in  the  United  States  any  trees, 
plants,  shrubs,  vines,  grafts,  cuttings,  and  buds  commonly  known  as  nursery 
stock,  unless  accompanied  by  a  certificate  of  inspection  by  a  government  official 
of  the  government  from  which  the  exportation  is  made  that  the  same  has  been 
examined  and  found  apparently  free  from  all  insects  and  fungus  diseases  dan- 
gerously injurious  to  nursery  stock.  In  case  any  nursery  stock  is  offered  for 
entry  without  said  certificate,  it  shall  be  the  duty  of  the  collector  of  customs  to 
refuse  to  accept  such  stock  for  entry  and  shall  not  allow  such  nursery  stock  to  pass 
within  the  jurisdiction  of  the  United  States  of  America.  And  after  the  aforesaid 
date,  October  first,  1898,  all  imported  nursery  stock  shall  be  free  from  inspection, 
quarantine,  or  restrictions  in  interstate  commerce. 

Sec.  2.  Whenever  it  shall  appear  to  the  Secretary  of  Agriculture  of  the  United  States 
of  America  that  any  variety  or  varieties  of  fruit,  grown  outside  of  the  United  States 
or  the  District  of  Columbia,  is  or  are  being,  or  is  or  are  about  to  be  imported  into 
the  United  States  of  America  or  the  District  of  Columbia,  and  such  variety  or  vari- 
eties of  fruit  is  infested  with  any  seriously  injurious  insect  or  disease,  and  which 
insect  or  disease  is  liable  to  become  established  in  the  United  States  and  seriously 
affect  any  variety  or  varieties  of  fruit  grown  therein,  he  shall  have  authority  to 
quarantine  against  any  such  variety  or  varieties  of  fruit  and  prevent  the  importa- 
tion of  the  same,  until  such  time  as  it  shall  appear  to  him  that  such  insect  or  disease 
has  become  exterminated  in  the  country  whence  such  fruit  or  fruits  is  being  or  are 
about  to  be  imported,  when  he  shall  withdraw  the  quarantine;  and  this  act  shall 
operate  to  relieve  all  such  fruit,  or  fruits  from  further  quarantine  or  restrictions  so 
long  as  the  conditions  of  freedom  from  seriously  injurious  insects  or  diseases  shall 
continue. 


42 


THE  SO-CALLED  "BARLOW  BILL." 

55th  Congress,  2d  Session.— H.  R.  6894. 

(In  the  House  of  Representatives,  January  18,  1898,  Mr.  Barlow  introduced  the 
the  following  bill ;  which  was  referred  to  the  Committee  on  Agriculture  and  ordered 
to  be  printed.)  * 

A  Bill  to  provide  rules  and  regulations  governing  the  importation  of  trees,  plants,  shrubs,  vines 
grafts,  cuttings,  and  buds,  commonly  known  as  nursery  stock,  and  fruits  into  the  United  Stales, 
and  rules  and  regulations  for  the  inspection  of  trees,  plants,  shrubs,  vines,  grafts,  cuttings,  and 
buds,  commonly  known  as  nursery  stock,  grown  within  the  United  States,  which  become  subjects 
of  interstate  commerce  or  exportation. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  it  shall  be  unlawful  for  any  transportation  company, 
after  October  first,  eighteen  hundred  and  ninety-eight,  to  offer  for  entry  at  any  port 
in  the  United  States  any  trees,  plants,  shrubs,  vines,  grafts,  cuttings,  and  buds,  com- 
monly known  as  nursery  stock,  unless  accompanied  by  a  certificate  of  inspection  by 
a  government  official  of  the  country  from  which  the  exportation  was  made,  which 
certificate  shall  be  made  in  the  manner  and  form  prescribed  by  the  Secretary  of 
Agriculture,  certifying  that  the  contents  have  been  examined  and  found  apparently 
free  from  all  insect  and  fungous  diseases  dangerously  injurious  to  nursery  stock. 
In  case  any  nursery  goods  are  offered  for  entry  without  said  certificate,  it  shall  be  the 
duty  of  the  collector  immediately  to  notify  the  Secretary  of  Agriculture,  who  shall 
arrange  for  inspection,  and  said  collector  shall  not  allow  them  to  pass  within  the 
jurisdiction  of  the  United  States  until  proper  certificate  of  inspection  has  been 
received.  And  after  the  aforesaid  date,  October  first,  eighteen  hundred  and  ninety- 
eight,  all  nursery  stock  imported  in  accordance  with  the  aforesaid  regulations  shall  be 
free  from  all  further  inspection,  quarantine,  or  restrictions  in  interstate  commerce; 
but  the  Secretary  of  Agriculture  may  at  any  time  relieve  such  articles  from  inspec- 
tion by  specific  order. 

Sec.  2.  That  whenever  it  shall  appear  to  the  Secretary  of  Agriculture  that  any 
variety  of  fruit  grown  in  an  infested  district  outside  of  the  United  States  or  District 
of  Columbia  is  being,  or  is  about  to  be,  imported  into  the  United  States  or  the  Dis- 
trict of  Columbia,  and  such  variety  of  fruit  is  infested  by  any  seriously  injurious 
insect  or  disease,  and  which  insect  or  disease  is  liable  to  become  established  in  the 
United  States  and  seriously  affect  any  variety  of  fruit  grown  therein,  he  shall  have 
authority  to  quarantine  against  any  such  importations  and  prevent  the  same  until 
such  time  as  it  may  appear  to  him  that  any  such  insect  or  disease  has  become  exter- 
minated in  the  country  or  district  from  which  such  fruit  is  being,  or  about  to  be, 
imported,  when  he  may  withdraw  the  quarantine;  and  this  shall  operate  to  relieve 
all  such  fruit  from  further  quarantine  or  restrictions,  so  long  as  the  conditions  of 
freedom  from  seriously  injurious  insect  or  disease  shall  continue. 

Sec.  3.  That  all  trees,  plants,  shrubs,  vines,  and  buds,  commonly  known  as 
nursery  stock,  grown  within  the  United  States,  may  become  subjects  of  interstate 
commerce  under  the  rules  and  regulations  as  herinafter  provided.  The  Secretary  of 
Agriculture  shall  cause  to  be  inspected  by  a  qualified  entomologist  and  vegetable 
pathologist  all  trees,  plants,  shrubs,  vines,  and  buds,  known  as  nursery  stock, 
which  are  subjects  of  interstate  commerce,  and  which  are  about  to  be  transported 
from  one  State  or  Territory  or  the  District  of  Columbia  into  another  State  or  Terri- 
tory or  the  District  of  Columbia.  This  examination  shall  be  made,  so  far  as  possible, 
prior  to  September  first  of  each  year,  in  the  manner  provided  for  and  prescribed  by 
the  Secretary  of  Agriculture;  and  if  such  nursery  stock  is  found  to  be  apparently 
free  from  dangerously  injurious  insects  or  diseases,  the  certificate  of  the  officer 
making  such  examination  and  finding  shall  be  issued  to  the  owner  or  owners  of  such 


r  The  bill  a8  here  printed  contains  the  amendments  of  the  House  Committee  on  Agriculture.— L.  O.  H. 


43 

nursery  stock,  a  copy  of  which  certificate  shall  be  attached  to  and  accompany  each 
carload,  box,  bale,  or  package,  and  when  so  attached  and  accompanying  shall 
operate  to  release  all  such  nursery  stock  from  further  inspection,  quarantine,  or 
restriction  in  interstate  commerce. 

Sec.  4.  That  it  shall  be  unlawful  for  any  person,  persons,  or  corporation  to  deliver 
to  any  other  person,  persons,  or  corporation,  or  to  the  postal  service  of  the  United 
States  (except  for  scientific  purposes  or  by  permission  of  the  Secretary  of  Agricul- 
ture), for  transportation  from  one  State  or  Territory  or  the  District  of  Columbia  to 
any  other  State  or  Territory  or  the  District  of  Columbia,  or  for  exportation  to  any 
foreign  country,  any  trees,  plants,  shrubs,  vines,  or  other  nursery  stock  which  have 
not  been  examined  in  accordance  -with  the  provisions  of  section  three  of  this  act,  or 
which  on  said  examination  have  been  declared  by  the  inspector  to  be  infested  with 
dangerously  injurious  insects  or  diseases.  Any  person,  persons,  firm,  or  corporation 
who  shall  forge,  counterfeit,  or  knowingly  alter,  deface,  or  destroy  any  certificate 
or  copy  thereof  as  provided  for  in  this  act  and  in  the  regulations  of  the  Secretary  of 
Agriculture,  or  shall  in  any  way  violate  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  a  conviction  thereof  shall  be  punished  by  a  fine  not 
to  exceed  five  hundred  dollars  nor  less  than  two  hundred  dollars,  or  by  imprison- 
ment not  to  exceed  one  year,  or  both,  at  the  discretion  of  the  court. 

Sec.  5.  That  the  rules  and  regulations  herein  provided  for  shall  be  promulgated 
on  or  before  the  first  day  of  July  of  each  year. 

Sec.  6.  That  the  sum  of  one  hundred  thousand  dollars,  to  be  available  on  the  first 
day  of  May,  eighteen  hundred  and  ninety-eight,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury  of  the  United 
States  not  otherwise  appropriated,  to  carry  into  effect  the  provisions  of  this  act. 

Sec.  7.  That  this  act  shall  take  effect  on  and  after  the  thirtieth  day  of  June, 
eighteen  hundred  and  ninety-eight. 

Sec.  8.  That  the  provisions  of  this  act  shall  not  apply  to  florists'  greenhouse  trees, 
shrubs,  plants,  bulbs,  and  so  forth,  commonly  known  as  florists'  stock. 


BRITISH  AMERICAN  LAWS  AGAINST  INSECTS. 
<  )XTARIO. 

No.  47.— 1897. 
An  Act  to  prevent  the  spread  of  the  San  Jose  scale. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the  legislative  assembly  of  the 
Province  of  Ontario,  enacts  as  follows: 

1.  This  act  may  be  cited  as  The  San  Jose  Scale  Act. 

2.  In  this  act  the  word  "minister"  shall  mean  the  minister  of  agriculture  for  the 
Province  of  Ontario. 

The  word  "plant "  shall  mean  any  tree,  vine,  shrub,  or  plant,  or  any  part  of  a  tree, 
vine,  shrub,  or  plant,  or  the  fruit  of  any  tree,  vine,  shrub,  or  plant. 

The  word  "scale"  shall  mean  the  San  Jose  Scale  insect  in  any  of  its  stages  of 
development. 

3.  No  person  shall  import  or  bring,  or  cause  to  be  imported  or  brought  into  the 
Province  of  Ontario,  for  any  purpose  whatsoever,  any  plant  infested  with  scale. 

4.  No  person  shall  keep,  or  have,  or  offer  for  exchange  or  sale,  any  plant  infested 
,vith  scale. 

5.  For  the  purpose  of  scientific  investigation  the  minister  may  from  time  to  time, 
by  writing  given  under  his  hand,  except  such  persons  as  he  may  deem  proper  from 
the  operation  of  the  two  preceding  sections,  and  while  acting  under  such  permis- 
sion, such  persons  shall  not  be  subject  to  the  penalties  imposed  by  this  act. 

6.  Any  person  having  reason  to  suspect  that  any  plant  in  his  possession,  or  in  his 
charge  or  keeping,  is  infested  with  the  scale  shall  forthwith  communicate  with  the 
minister  in  regard  to  the  same,  and  shall  furnish  the  minister  with  all  such  informa- 
tion in  regard  to  the  source  or  origin  of  the  said  infestation  and  the  extent  and 
nature  of  the  same  as  he  may  be  able  to  give. 

7.  Whenever  the  scale  exists  or  is  supposed  to  exist  on  any  plant,  the  minister  may 
direct  a  competent  person  to  make  an  examination  and  inspection,  and  may  order 
that  any  plant  so  infested,  or  such  part  as  he  may  deem  advisable,  shall  be  immedi- 
ately destroyed  by  burning,  either  by  the  person  appointed  to  make  the  inspection, 
or  by  the  person  owning  or  having  possession  of  the  said  plant,  or  some  other 
person  so  directed  in  writing,  and  the  person  so  directed  shall  make  a  full  report  to 
the  minister  in  writing  as  to  the  nature  and  extent  of  the  work  so  performed, 
together  with  a  fair  estimate  of  the  value  of  the  plant  destroyed. 

8.  For  the  purpose  of  enforcing  this  act,  it  shall  be  the  duty  of  every  inspector 
appointed  under  "the  yellows  and  black  knot  act"  to  make  careful  examination  and 
inspection  for  the  occurrence  of  the  scale  within  the  municipality  for  which  he  is 
appointed,  and  to  report  forthwith  to  the  minister  every  case  of  infestation,  and 
neglect  to  make  such  report  shall  render  the  inspector  liable  to  the  penalties  imposed 
under  section  11  of  this  act. 

9.  Any  person  appointed  by  the  minister  under  this  act  to  inspect  or  to  destroy 
any  plant,  for  the  purpose  of  enforcing  the  provisions  of  the  act,  shall,  upon  pro- 
ducing his  authority  in  writing,  have  free  access  to  any  nursery,  orchard,  store, 
storeroom,  or  other  place  where  it  is  known  or  suspected  that  any  plant  is  kept. 

10.  Upon  the  recommendation  of  the  minister,  there  may  be  paid  out  of  the  con- 
solidated revenue  fund  of  the  province  to  the  owner  of  any  plant  so  destroyed  a  sum 
not  exceeding  one-fourth  of  the  value  thereof  (not  including  fruit),  as  reported  upon. 

44 


45 

by  such  officer  or  other  competent  person  appointed  as  aforesaid,  but  nothing  in 
this  section  shall  apply  to  any  plant  imported  into  the  province  within  a  period  of 
one  year  prior  to  the  examination  by  the  officer  aforesaid. 

11.  Any  person  neglecting  to  carry  out  the  provisions  of  this  act,  or  any  person 
offering  any  hindrance  to  the  carrying  out  of  this  act  shall,  upon  summary  convic- 
tion, be  liable  to  a  fine  of  not  less  than  $20  nor  more  than  $100,  together  with  costs, 
and  in  default  of  payment  thereof  shall  be  subject  to  imprisonment  in  the  common 
gaol  for  a  period  of  not  less  than  ten  days  nor  more  than  thirty  days. 

12.  The  lieutenant-governor,  in  council,  may,  by  order,  direct  that  other  scale 
insects  than  the  San  Jose  scale  may  be  included  in  the  provisions  of  this  act,  and 
thereafter  during  the  continuance  of  such  order  in  council  the  word  "  scale"  in  this 
act  shall  include  all  such  other  scale  insects.  Public  notice  of  such  order  in  council 
shall  be  given  by  publication  in  two  successive  issues  of  The  Ontario  Gazette. 


BRITISH  COLUMBIA. 
CHAPTER  94.— Horticulture. 

An  Act  respecting  the  provincial  board  of  horticulture. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the  legislative  assembly  of  the 
Province  of  British  Columbia,  enacts  as  follows: 

1.  This  act  may  be  cited  as  the  Horticultural  Board  Act.     1894,  c.  20,  s.  1. 

Provincial  board  of  horticulture. 

2.  There  is  hereby  created  a  provincial  board  of  horticulture,  to  consist  of  two 
ex-officio  members,  viz,  the  minister  of  agriculture  and  the  deputy  minister  of  agri- 
culture (who  shall  act  as  secretary  of  the  board)  and  three  members,  who  shall  be 
appointed  by  the  lieutenant-governor  in  council,  one  from  each  of  the  horticultural 
districts  which  are  hereby  created,  to  wit : 

(1)  The  first  district  shall  comprise  Vancouver  Island  and  the  islands  adjacent 
thereto. 

(2)  The  second  district  shall  comprise  the  electoral  districts  of  New  Westminster 
City,  Vancouver  City,  Westminster,  Cassiar,  and  that  portion  of  Comox  lying  on  the 
mainland  of  British  Columbia. 

(3)  The  third  district  shall  comprise  the  remainder  of  British  Columbia  not 
included  in  the  two  other  districts.     1897,  c.  15,  8.  2. 

3.  The  members  shall  reside  in  the  districts  for  which  they  are  appointed;  they 
shall  be  selected  with  reference  to  their  study  of  and  practical  experience  in  horti- 
culture and  the  industries  dependent  thereon;  they  shall  hold  office  for  a  term  of 
four  years  and  until  their  successors  are  appointed  and  qualified;  but  any  retiring 
member  of  the  board  shall  be  eligible  for  reappointment.  All  vacancies  in  the  board 
shall  be  filled  by  appointment  of  the  lieutenant-governor  in  council  and  shall  be  for 
the  unexpired  term.     1897,  c.  15,  s.  3. 

4.  The  lieutenant-governor  in  council  may  appoint  a  treasurer  of  the  board,  who 
shall  give  a  bond  to  the  lieutenant-governor  in  council,  with  two  or  more  sufficient 
sureties,  in  the  sum  of  one  thousand  dollars  for  the  faithful  performance  of  his  duties. 
The  treasurer  shall  hold  his  appointment  at  the  pleasure  of  the  lieutenant-governor 
in  council.  Before  entering  upon  the  discharge  of  his  duties  each  member  of  the 
board  shall  take  and  subscribe  to  an  oath  of  allegiance  and  to  faithfully  discharge 
the  duties  of  his  office,  which  said  oath  shall  be  filed  with  the  provincial  secretary. 
1894,  c.  20,  s.  4. 

5.  The  board  shall  receive,  manage,  use,  and  hold  donations  and  bequests  of  money 
and  property  for  promoting  the  objects  of  its  formation;  it  shall  meet  in  the  months 


46 

of  April  and  October  of  each  year,  and  as  much  oftener  as  it  may  deem  expedient, 
for  the  consultation  on  and  for  the  adoption  of  those  measures  that  will  best  promote 
the  horticultural  industry  of  the  province;  it  may,  but  without  expense  to  the 
province,  select  and  appoint  competent  and  qualified  persons  to  lecture  in  each  of  the 
districts  named  in  section  2  of  this  act  for  the  purpose  of  encouraging  and  improving 
practical  horticulture  and  imparting  instruction  in  the  best  methods  of  treating 
diseases  of  fruits  and  fruit  trees,  cleaning  orchards,  and  exterminating  orchard 
pests.     1894,  c.  20,  s.  5. 

6.  The  office  of  the  board  shall  be  located  at  the  department  of  agriculture;  it 
shall  be  kept  open  to  the  public,  subject  to  the  rules  of  the  board,  every  day  except 
Sundays  and  public  holidays,  and  shall  be  in  charge  of  the  secretary  during  the 
absence  of  the  board.     1894,  c  20,  s.  6. 

7.  For  the  purpose  of  preventing  the  spread  of  contagious  diseases  in  orchards  and 
gardens  and  among  fruits  aud  fruit  trees,  and  for  the  prevention,  treatment,  cure, 
and  extirpation  of  fruit  pests  and  the  diseases  of  fruits  and  fruit  trees,  and  for  the 
disinfection  of  grafts,  scions,  or  orchard  debris,  empty  fruit  boxes  or  packages,  and 
other  suspected  material  or  transportable  articles  dangerous  to  orchards,  fruits,  and 
fruit  trees,  said  board  may  make  regulations  for  the  inspection  and  disinfection  or 
destruction  thereof,  or  of  nonfruit-bearing  trees  or  shrubs  which  may  carry  conta- 
gion, and  also  for  requiring  all  cases  of  contagious  diseases  or  fruit  pests  as  aforesaid 
to  be  reported  to  the  board,  which  regulations  shall  be  circulated  in  printed  form  by 
the  board  among  the  fruit  growers  and  fruit  dealers  of  the  Province,  and  shall  be 
published  in  the  British  Columbia  Gazette,  and,  at  the  discretion  of  the  board,  in 
papers  of  general  circulation  in  the  Province,  and  shall  be  posted  in  three  conspicu- 
ous places  in  each  district,  one  of  which  shall  be  a  court-house  therein ;  and  every 
such  regulation,  when  published  in  the  British  Columbia  Gazette,  shall,  so  far  as  the 
same  shall  not  have  been  in  like  manner  repealed  or  varied,  be  deemed  to  be  and 
have  the  force  of  law,  and  be  so  recognized  in  all  courts  iu  the  Province. 

(2)  The  power  to  make  regulations  for  inspection  shall  include  the  power  to  estab- 
lish and  vary  places  and  quarantine  stations  where  such  inspection  shall  be  carried 
out,  and  to  make  regulations  in  regard  to  the  forwarding  thereto  and  detention 
thereat  of  articles  requiring  inspection. 

(a)  In  and  by  any  such  regulations  the  board  may  fix  and  impose  any  fine  or  pen- 
alty for  the  enforcement  of  the  provisions  thereof,  not  exceeding  in  amount  the  fines 
and  penalties  hereinafter  provided  in  case  of  the  evasion  of  any  of  the  provisions  of 
this  act,  and  may  fix  a  scale  of  fees  to  be  taken  for  inspection,  or  other  services  under 
the  regulations,  by  officers  carrying  out  the  same,  from  the  owners  or  persons  in  pos- 
session of  any  premises  or  property. 

(6)  All  fines  and  penalties  imposed  or  fees  fixed  by  any  such  regulations  may  be 
recovered,  with  costs,  in  accordance  with  the  provisions  of  the  "summary  convic- 
tions act,"  and  when  collected  shall  be  paid  over  to  the  treasurer  of  the  board  for 
the  purposes  of  this  act.     1894,  c.  20,  s.  7;  1895,  c.  25,  s.  3. 

8.  All  constables  or  other  peace  officers  shall,  when  called  upon  by  any  member  of 
the  board,  or  any  authorized  agent  thereof,  aid  and  assist  such  member  or  agent  in 
carrying  out  the  provisions  of  this  act.     1895,  c.  25,  s.  4. 

9.  The  lieutenant  governor  in  council  shall  appoint  from  the  number  of  the  board, 
or  from  without  their  number,  to  hold  office  at  the  pleasure  of  the  lieutenant  gov- 
ernor in  council,  a  competent  person  especially  qualified  by  practical  experience  in 
horticulture,  who  shall  be  known  as  "  inspector  of  fruit  pests."  It  shall  be  the  duty 
of  said  inspector  to  visit  the  horticultural  districts  of  the  Province  to  see  that  all 
the  regulations  of  said  board  be  made  known  to  the  people  of  the  Province,  and  to 
enforce  this  act  and  the  said  regulations  in  the  manner  therein  or  in  this  act  pre- 
scribed. The  inspector  shall,  from  time  to  time,  and  whenever  required  by  said 
board,  report  to  it  such  information  as  he  may  secure  from  observation,  experience, 
and  otherwise,  as  to  the  best  method  of  diminishing  and  eradicating  fruit  pests  and 


47 

diseases  from  orchards,  and  also  suggestions  as  to  practical  horticulture,  the  adop- 
tion of  produce  suitable  to  soil,  climate,  and  markets,  and  such  other  facts  and  infor- 
mation as  shall  be  calculated  to  advance  the  horticultural  interests  of  the  Province. 
The  inspector  shall,  from  time  to  time,  under  the  direction  of  the  board,  hold  meetings 
throughout  the  Province  in  the  interests  of  horticulture,  and  impart  such  informa- 
tion and  instruction  to  fruit  growers  and  farmers  as  may  tend  to  the  improvement 
and  expansion  of  the  fruit  industry  of  the  Province.     1894,  c.  20,  s,  8. 

10.  Any  member  of  the  board,  their  inspector  or  agent,  upon  the  complaint  of 
interested  parties,  or  upon  his  own  motion,  may  inspect,  or  cause  to  be  inspected, 
fruit,  trees,  plants,  grafts,  scions,  nursery  stock  of  all  description,  orchard  debris, 
empty  fruit  boxes  or  packages,  aud  other  material,  orchards,  nurseries,  and  other 
places  suspected  or  believed  to  be  infested  with  fruit  pests,  or  infected  with  conta- 
gious diseases  injurious  to  trees,  plants,  or  fruits,  and  for  the  purposes  thereof  he  shall 
have  full  power  and  authority  to  enter  in  and  upon  any  farm,  orchard,  nursery,  or 
garden,  or  any  barn,  warehouse,  storehouse,  shop,  or  other  place  or  building,  and  if 
he  shall  find  that  the  said  fruit,  trees,  plants,  grafts,  scions,  nursery  stock  of  all 
description,  orchard  debris,  empty  fruit  boxes  or  packages,  and  other  material, 
orchards,  nurseries,  and  other  places  are  infested  with  fruit  pests  or  affected  with 
contagious  diseases  injurious  to  trees,  plants,  or  fruits,  as  aforesaid,  such  member, 
or  inspector,  or  agent  shall  notify,  in  writing,  the  owner  or  person  having  charge 
of  such  premises  or  property,  within  a  time  to  be  prescribed  in  such  notice,  to  treat 
and  disinfect  said  premises  or  property  in  the  manner  presented  in  such  notice;  and 
such  property  shall  not  be  removed  after  the  owner  or  person  in  charge  of  the  same 
shall  have  been  notified  in  writing,  as  aforesaid,  without  the  written  permission  of 
a  member  of  the  board  or  the  inspector ;  and  if  the  person  so  notified  shall  neglect 
or  refuse  to  treat  and  disinfect  the  said  premises  or  property,  in  the  manner  and 
within  the  time  prescribed  in  the  said  notice,  such  person  shall  be  deemed  guilty  of 
a  violation  of  this  act ;  and  if  it  appears  on  the  trial  that  any  orchard,  trees,  nursery, 
building,  or  any  other  structures,  premises,  or  property  in  charge  of  or  belonging 
to  the  defendant  referred  to  in  said  notice,  or  any  part  of  such  structures,  premises, 
or  property,  is  infested  or  affected  as  aforesaid,  the  court  may  order  whatsoever  of 
the  same  is  so  infested  or  affected  to  be  disinfected  or  destroyed  within  a  time  to  be 
mentioned  in  said  order,  or  may  make  any  other  order  that  it  shall  deem  fit ;  and  if  such 
order  be  not  obeyed  within  the  time  therein  specified,  it  shall  be  the  duty  of  the 
board,  or  of  some  member  thereof,  or  of  their  inspector  or  agent,  to  execute  such 
order,  and  the  costs  and  disbursements  of  the  prosecution  shall  be  adjudged  against 
the  party  convicted  as  aforesaid. 

(a)  In  case,  upon  inspection  as  herein  provided,  the  member  of  the  board,  inspector, 
or  agent  finds  any  of  the  premises  to  be  infested  with  fruit  pests  or  affected  with 
contagious  disease,  but  is  unable  to  take  the  proceedings  herein  provided  by  reason 
of  there  being  no  person  in  charge,  or  either  the  owner  or  his  whereabouts  being 
unknown,  he  shall  be  at  liberty  to  cause  the  same  to  be  disinfected,  and  the  costs 
and  expenses  thereon  shall  be  a  lien  upon  the  proper-ty,  which  may  be  enforced  by 
seizure  and  sale  of  a  sufficient  quantity  thereof  to  satisfy  the  same  :  Provided,  however, 
That  no  property  shall  be  destroyed  under  this  subsection  until  an  order  therefor 
has  been  obtained  from  a  justice  of  the  peace,  which  order  any  justice  is  hereby 
authorized  to  make,  upon  proof  of  the  urgency  of  the  case,  or  of  reasonable  efforts 
having  been  made  to  ascertain  the  owner  or  person  who  should  be  in  charge  of  the 
infected  property.     1894,  c.  20,  s.  9. 

11.  It  shall  be  the  duty  of  the  secretary  to  attend  all  meetings  of  the  board,  and 
to  procure  records  of  the  proceedings  and  correspondence,  to  collect  books,  pamphlets, 
periodicals,  and  other  documents  containing  valuable  information  relating  to  horti- 
culture, and  to  preserve  the  same;  to  collect  statistics  and  other  information  show- 
ing the  actual  condition  and  progress  of  horticulture  in  this  Province  and  elsewhere; 
to  correspond  with  agricultural  and  horticultural  societies,  colleges,  and  schools  of 


48 

agriculture  and  horticulture,  and  other  persons  and  bodies,  as  he  may  be  directed 
by  the  board,  and  prepare,  as  required  by  the  board,  reports  for  publication.  1894, 
c.  20,  s.  10. 

12.  The  treasurer  shall  receive  all  moneys  belonging  to  the  board,  and  pay  out  the 
same  only  for  bills  approved  by  it,  and  shall  render  annually  a  detailed  account  to 
the  board  of  all  receipts  and  disbursements.     1894,  e.  20,  s.  11. 

13.  The  board  shall,  annually,  in  the  month  of  January,  report  to  the  minister  of 
agriculture  a  statement  of  its  doings  and  any  regulations  made  under  this  act,  with 
a  copy  of  the  treasurer's  account  for  the  year  preceding,  and  abstracts  of  the  reports 
of  the  inspector  of  fruit  pests,  and  of  the  secretary;  and  such  report  shall  be  laid 
before  the  legislative  assembly  immediately, if  it  be  in  session,  or,  if  not,  within  fif- 
teen days  after  the  opening  of  the  next  session  thereof.  The  members  of  the  board 
shall  receive  as  compensation  for  their  services  their  mileage  actually  paid  out  when 
attending  the  meetings  of  the  board,  and  shall  be  allowed  a  sum  not  exceeding  five 
dollars  a  day  for  time  actually  employed,  to  be  fixed  by  the  lieutenant  governor  in 
council.     1894,  c.  20,  s.  12. 

14.  The  said  board  shall,  when  making  its  annual  statement,  report  to  the  minister 
of  agriculture  what  (if  any)  legislation  is  needed  in  aid  of  the  horticultural  and 
fruit-growing  interests  of  the  Province.     1894,  c.  20,  s.  13. 

15.  The  powers  and  duties  devolving  by  this  act  upon  the  said  board  and  the  in- 
spector of  fruit  pests,  in  relation  to  fruit  and  fruit  trees,  shall  extend  to  hops 'and 
hop  plants,  for  the  purpose  of  preventing  the  spread  of  disease  among  hops  and  hop 
plants,  and  of  extirpating  any  pests  affecting  the  same.     1894,  c.  20,  s.  14. 

16.  Every  person  violating  the  provisions  of  this  act  shall  be  liable,  upon  sum- 
mary conviction  before  any  justice  of  the  peace,  to  a  penalty  not  exceeding  fifty 
dollars.     1894,  c.  20,  s.  15. 


Rules  and  Regulations  Made  and  Published  Under  Authority  of  Section 
7  of  the  "Horticultural  Board  Act,  1894, "  and  of  the  Amendments 
Thereto. 

1.  These  regulations  may  be  cited  as  the  "  horticultural  regulations." 

2.  In  these  regulations  the  word  " pests"  shall  mean  and  include  woolly  aphis, 
apple-tree  aphis,  scaly  bark  louse,  oyster-shell  bark  louse,  San  Jose  scale,  red  scale, 
borers,  codlin  moths,  currant  worms,  caterpillars,  or  other  known  injurious  insects, 
and  all  fungous  diseases.  "The  board"  shall  mean  the  provincial  board  of  horti- 
culture. 

3.  All  nurserymen,  fruit  growers,  and  all  persons  owning,  occupying,  or  managing 
an  orchard,  garden,  or  nursery  infected  with  any  pest  shall  notify  the  member  of 
the  board  for  the  district  in  which  such  orchard,  garden,  or  nursery  is  located,  or  the 
secretary  or  inspector,  or  the  agent  of  the  board  in  the  district,  of  the  fact  that  such 
orchard,  garden,  or  nursery  is  so  infected. 

4.  All  importers  of  nursery  stock,  trees,  or  plants  must  give  notice  to  a  member  of 
the  board,  or  his  agent,  or  the  inspector  of  fruit  pests,  upon  the  arrival  of  any  nur- 
sery stock,  trees,  or  plants,  before  the  removal  of  such  nursery  stock,  trees,  or  plants 
from  any  dock,  wharf,  mole,  station,  or  warehouse  where  such  nursery  stock,  trees,  or 
plants  have  been  landed,  and  if  such  nursery  stock,  trees,  or  plants  are  found  to  be 
free  of  insect  pests  and  fungous  diseases  the  said  member  of  the  board,  his  agent,  or 
the  inspector  of  fruit  pests  shall  issue  a  certificate  to  that  effect ;  and  all  such  nursery 
stock,  trees,  or  plants,  if  found  to  be  infected  with  any  insect  pest  or  fungous  disease, 
shall  be  dealt  with  according  to  the  rules  and  regulations  of  the  board.  All  dealers, 
nurserymen,  orpersons  selling  or  distributing  nursery  stock,  trees,  or  plants  for  which 
no  clean  certificate  is  in  force  shall,  before  distributing  or  offering  for  sale  any  article 
above  mentioned,  notify  the  member  of  the  board,  his  agent  or  representative,  in 
whose  district  any  such  article  is  found,  or  the  secretary  of  the  board,  or  the  inspector 


49 

of  fruit  pests,  who  shall  inspect  or  cause  to  be  inspected  such  nursery  stock,  trees,  or 
plants,  and  if  they  are  found  to  be  free  from  pests  shall  issue  a  certificate  to  the  o\\  ner 
or  person  in  charge  stating  that  said  articles  appear  to  be  free  from  pests.  Such 
certificate  shall  be  in  force  for  three  months  from  date  of  issue,  unless  revoked  by 
further  inspection. 

5.  All  persons  owning  or  having  in  their  possession  nursery  stock  or  trees  and 
plants  of  any  kind  infected  with  insect  pests  or  fungous  disease  shall  cause  the 
same  to  be  disinfected  and  cleansed  by  using  the  remedies  herein  prescribed,  or  such 
other  insecticides  and  fungicides  as  may  be  found  effective  and  are  approved  of  by 
a  member  of  the  board  or  the  inspector  of  fruit  pests,  and  no  such  infected  nursery 
stock,  trees,  or  plants  shall  be  sold,  forwarded,  distributed,  or  parted  with  until  a 
certificate  of  the  satisfactory  cleansing  thereof  shall  have  been  obtained  from  a 
member  of  the  board  or  his  agent  or  the  inspector  of  fruit  pests.  Any  member  of 
the  board  or  the  inspector  of  fruit  pests  may  order  the  destruction,  by  rooting  out 
and  burning,  all  infected  nursery  stock,  trees,  or  plants  of  any  kind  if  in  the  opin- 
ion of  such  member  of  the  board  or  inspector  of  fruit  pests  such  a  course  is  con- 
sidered expedient  in  the  interests  of  the  fruit-growing  industry. 

6.  All  importers  of  fruit  must  give  notice  to  a  member  of  the  board  or  his  agent 
or  the  inspector  of  fruit  pests  upon  the  arrival  of  any  and  all  shipments  of  fruit, 
and  all  fruit  and  fruit  packages  imported  into  this  province  shall  be  inspected,  and 
if  found  to  be  free  from  insect  pests  and  fungous  disease  a  clean  certificate  shall  be 
issued  therefor  in  conformity  with  the  rules  and  regulations  of  the  board:  Provided, 
however,  That  no  fruit  or  fruit  packages  imported  into  this  province  shall  be  removed 
from  any  dock,  wharf,  mole,  or  station  where  such  fruit  and  fruit  packages  have 
been  landed  before  inspection  and  such  clean  certificate  thereof  shall  have  been 
obtained;  and  all  such  fruit  and  fruit  packages  as  may  be  found  infected  with  any 
insect  pest  or  fungous  disease  shall  be  either  destroyed  by  the  importers  thereof,  by 
such  process  and  within  such  time  as  any  member  of  the  board,  the  inspector  of 
fruit  pests,  or  any  agent  appointed  by  the  board  may  direct,  or  shall  be  reshipped 
within  such  time  as  any  member  of  the  board,  the  inspector  of  fruit  pests,  or  any 
agent  appointed  by  the  board  may  direct,  by  the  importers,  thereof,  to  some  point 
without  the  Province. 

7.  All  fruit,  whether  imported  or  grown  in  this  Province,  or  exposed  for  sale,  shall 
be  subject  to  inspection  under  the  authority  of  the  board,  and  if  found  to  be  infected 
with  any  injurious  insect  pest  or  fungous  disease  shall  be  quarantined,  or  may  be 
destroyed  at  the  expense  of  the  owner  of  said  fruit  by  such  methods  as  the  board  or 
its  agents  may  direct. 

8.  All  persons  shipping,  sending,  or  delivering  any  fruit,  fruit  trees,  scions, 
cuttings,  or  plants  within  the  Province  shall  place  upon  or  securely  attach  to  each 
box,  crate,  or  other  package  or  parcel  containing  the  same  a  distinct  stamp,  mark, 
or  label  showing  the  name  of  the  producer  and  shipper  or  sender,  and  the  locality 
where  grown,  but  boxes  and  barrels  containing  fruit  shall  be  stencilled  or  stamped 
with  letters  not  less  than  three-quarters  of  an  inch  in  length. 

9.  All  infected  nursery  stock  shall,  before  being  distributed,  be  disinfected  by 
dipping  in  a  solution  of  one  pound  caustic  soda  (concentrated  lye)  and  one  pound 
whale  oil  soap  to  every  five  imperial  gallons  of  water;  thoroughly  dissolved,  and 
applied  at  103°  Fahrenheit  in  a  vat  or  any  suitable  vessel,  or  the  said  nursery  stock 
may  be  disinfected  by  covering  with  an  air-tight  tent  or  box,  and  for  each  and  every 
100  cubic  feet  of  space  therein  one  ounce  of  fused  cyanide  of  potassium  (58  per  cent), 
one  fluid  ounce  of  sulphuric  acid,  and  two  fluid  ounces  of  water  shall  be  used.  The 
cyanide  of  potassium  shall  be  placed  in  an  earthenware  vessel,  the  water  poured 
over  the  said  cyanide  of  potassium,  afterwards  adding  sulphuric  acid,  and  the  tent 
or  box  to  be  immediately  closed  tightly  and  allowed  to  remain  closed  for  not  less 
than  forty  minutes.  Treatment  for  disinfection  shall  continue  until  all  insect  pests 
or  their  larvse  are  destroyed. 

14670— No.  13 4 


50 

10.  For  the  extirpation  of  the  "woolly  aphis"  and  other  insect  pests,  the  hoard 
has  adopted  the  following  formulae,  which  are  found  to  he  effectual  in  the  States  of 
California,  Oregon,  and  Washington: 

Spray  No.  1. 

["Winter  spray  for  woolly  aphis  and  scale  insects.] 

Lime,  unslacked 30  lhs. 

Sulphur,  powdered 20  lhs. 

Salt,  coarse 15  lhs. 

Water 60  gals. 

Place  10  pounds  of  lime  and  20  pounds  of  sulphur  in  a  hoiler  with  20  gallons  of 
water,  and  hoil  over  a  hrisk  fire  for  two  hours,  until  the  sulphur  is  thoroughly  dis- 
solved. It  will  then  be  amber-coloured.  Next  place  20  pounds  of  lime  in  a  cask  and 
pour  water  enough  over  it  to  thoroughly  slack  it.  Add  the  salt.  When  dissolved, 
add  to  the  lime  and  sulphur  and  hoil  half  an  hour  longer.  Add  enough  water  to 
make  60  gallons.     Apply  lukewarm. 

Spray  when  the  trees  are  dormant,  or  as  soon  as  the  leaves  fall,  and  again  in  the 
spring  before  the  buds  swell.  A  good  force  pump  should  he  used,  and  care  must  be 
taken  to  thoroughly  cover  the  infected  trees  with  the  mixture,  which  should  be  con- 
stantly stirred  when  applying. 

The  above  preparation  can  he  obtained  in  solid  form,  requiring  only  the  addition 
of  water  to  be  ready  for  use,  and,  owing  to  the  difficulty  of  preparation,  the  board 
advises  the  adoption  of  this  method.  Care  should  be  taken  to  add  the  necessary 
quantity  of  water  to  reduce  the  mixture  to  the  strength  recommended  above. 

Note.— To  insure  freedom  from  lumps  it  is  advisable  to  pass  the  mixture  through 
a  wire  sieve  or  strainer.  Nozzles  which  are  self- cleaning  and  adjustable,  such  as  the 
"  Improved  Bean"  and  "Bordeaux,"  are  best  adapted  for  distributing  this  and  other 
spraying  mixtures  which  contain  a  considerable  amount  of  solid  matter. 

Spray  No.  2. 
[Summer  spray  for  aphis.] 

Quassia  chips 8  lbs. 

Whale-oil  soap 7  lbs. 

Water 100  gals. 

Boil  the  quassia  chips  in  about  one  gallon  of  water  to  each  pound  quassia  chips  for 
one  hour.  Dissolve  the  soap  in  hot  or  boiling  water ;  strain  and  mix  both  together, 
and  add  the  required  amount  of  water  to  make  100  gallons  altogether. 

To  be  used  with  spray  pump  with  as  much  force  as  possible.  This  is  the  standard 
remedy  for  aphis  in  hop  yards,  and  has  given  good  results  against  other  forms  of 
aphides  wherever  tried,  with  no  injury  to  foliage. 

Spray  No.  4. 
[Bordeaux  mixture  for  apple  scah  and  other  fungous  diseases.l 

Sulphate  of  copper  (bluestone) 4  lhs. 

Fresh  unslacked  lime 4  lbs. 

Water 50  g*k- 

In  a  barrel  place  25  gallons  of  water.  Weigh  out  4  pounds  of  sulphate  of  copper, 
then  tie  the  same  in  a  coarse  gunny  sack,  and  suspend  it  just  beneath  the  surface  of 
the  water.  By  tying  the  bag  to  a  stick  laid  across  the  top  of  the  barrel  no  further 
attention  will  he  required. 

In  another  vessel  slack  the  4  pounds  of  lime,  using  care  in  order  to  obtain  a  very 
smooth  paste,  free  from  grit  and  small  lumps.  To  accomplish  this  it  is  best  to  add 
only  a  small  quantity  of  water  at  first,  say  twoorthree  pints.  Whenthelime  begins 
to  crumble  and  the  water  disappears  add  more  water  gradually. 


51 

If  added  carefully  and  slowly  a  smooth  paste  will  be  obtained,  provided  the  lime 
is  of  good  quality.     Then  add  sufficient  water  to  bring  the  whole  up  to  25  gallons. 

When  the  copper  sulphate  is  entirely  dissolved  and  the  lime  cool,  pour  the  lime  milk 
and  copper  sulphate  solution  slowly  together  in  a  barrel  and  stir  well  with  a  broad 
wooden  paddle  to  insure  perfect  freedom  from  lumps  of  lime.  It  is  often  necessary 
to  pass  the  whole  mixture  through  a  fine  wire  sieve  or  strainer  before  commencing 
to  spray.  For  apple  and  pear  scab,  spray  before  the  buds  open.  Repeat  before  the 
blossoms  expand  and  again  after  the  blossoms  fall.  If  necessary,  repeat  again  in 
ten  days'  time ;  this  will  depend  upon  weather  conditions  and  variety  of  fruittreated. 

The  Vermorel  nozzle,  which  distributes  the  spray  in  a  mist-like  form,  is  probably 
the  best  for  use  with  this  mixture. 

Spray  No.  8. — Hellebore. 

[For  pear  and  cherr*-  slags ;  gooseberry  and  currant  worms.] 

For  use  with  spray  pump  take  1  ounce  hellebore  to  1  gallon  water.  Steep  the  hel- 
lebore in  one  pint  of  boiling  water  for  an  hour,  then  add  the  balance  of  water  cold. 
Hellebore  is,  however,  generally  used  in  the  powder  form,  dusted  on  the  trees  or 
plants  treated.  A  machine  for  the  purpose  is  the  best  method  of  using  it  on  a  large 
scale.  In  all  cases  care  should  be  taken  to  get  fresh  hellebore,  to  insure  satisfactory 
results. 

Spray  No.  9. — Paris-green  spray. 

[For  codlin  moth,  caterpillars,  and  other  leaf-eating  insects.] 

Paris  green 4  ozs. 

Fresh  slacked  lime lib. 

Water 50  gals. 

Make  a  paste  of  the  Paris  green  with  a  little  water.  Make  the  lime  into  milk  of 
lime  with  water.     Mix  all  together  and  add  water  to  make  the  required  amount. 

Paris  green  is  a  heavy  powder  and  does  not  remain  long  in  suspension ;  hence  it 
must  be  kept  constantly  stirred  Avhen  using.  Be  sure  that  good  lime  is  used  to  pre- 
vent burning  of  foliage.  Apply  with  spray  pump.  London  purple  may  be  used  in 
place  of  Paris  green,  but  is  not  usually  so  reliable. 

Paris  green  or  London  purple  can  generally  be  used  to  advantage  with  Bordeaux 
mixture,  making  a  combined  fungicide  and  insecticide.  Use  in  the  proportions  given 
above,  viz,  4  ounces  Paris  green  to  50  gallons  Bordeaux  mixture. 

Sj)ray  No.  15. — Lye  and  soap  wash. 

[For  winter  use  only.] 

Concentrated  lye 1  lb. 

Whale-oil  soap lib. 

Water 5  gals. 

Dissolve  the  lye  and  soap  in  the  water  heated.  The  mixture  may  be  applied  with 
a  swab  or  brush  or  with  the  spray  pump  if  used  warm. 

One  thorough  application  in  the  fall  and  another  before  growth  commences  in  the 
spring  should  be  made  when  used  against  woolly  aphides.  This  is  also  an  excellent 
wash  to  remove  moss  or  lichen  from  trees  and  bushes,  aud  for  this  purpose  alone 
half  the  amount  of  soap  is  sufficient. 

11.  Where  pests  or  fungous  diseases  are  found  to  exist  during  the  growing  season, 
while  the  trees  are  in  leaf,  spraying  must  be  done  and  such  remedies  applied  as  shall 
be  recommended  by  or  under  authority  of  the  board  from  time  to  time,  so  that  the 
insects  or  diseases  can  at  least  be  held  in  check  until  the  stronger  washes  of  the 
dormant  season  can  be  safely  applied. 

12.  All  boxes,  crates,  or  other  packages  or  wrappings  which  have  contained  infected 
nursery  stock  shall  be  destroyed  by  fire  immediately  after  the  removal  of  the  con- 
tents thereof. 


52 

13.  Where  hop  fields  are  infected  with  the  hop  louse  spraying  must  be  done  as  the 
board  from  time  to  time  shall  recommend. 

14.  Importers  or  owners  of  nursery  stock,  trees,  or  plants  desiring  to  have  such 
nursery  stock,  trees,  or  plants  inspected  at  points  other  than  regular  quarantine 
stations  may  have  such  inspection  done  where  required:  Provided,  however,  That 
such  importers  or  owners  shall  pay  all  charges  of  inspection  and  expenses  of  the 
officer  employed  in  such  inspection,  such  charges  and  expenses  to  be  paid  before  a 
certificate  is  granted. 

15.  Quarantine  regulations: 

Stations.  Quarantine  Officers. 

.  ^  The  inspector  of  fruit  pests,  any  member  of  the  board, 

v*ctoria \      and  E.  A.  Carew-Gibsou. 

Vancouver.  Xew    Westminster,  <  T.  Cunningham,  any  other  member  of  the  board,  and 
and  Liverpool.  (      the  inspector  of  fruit  pests. 

(  Geo.   Pannell,    any  member  of  the   board,    and   the 
^\anauno ^      inspector  of  fruit  pests. 

<  George  H.  Roe,  any  member  of  the  board,  and  the  in- 
(      spector  of  fruit  pests. 


Cornox 


ir.    .       „..  S  G.  W.  Henrv,  any  member  of  the  board,  and  theinspec- 

Mission  City j     tor  of  frui't  p^tg 

v  \  Herbert  Francis  Denison,  any  member  of  the  board, 

ernon J      and  the  inspector  of  fruit  pests. 

^  {  C.  A.  R.  Lambly,  any  member  of  the  board,  and  the 

s°y°08  }      inspector  of  fruit  pests. 

Kettle  Ever  \  ^'  ^'  Gilpin,  any  member  of  the  board,  and  the  in- 

*      I      spector  of  fruit  pests. 

Qojfcn  S  F.  C.  Lang,  any  member  of  the  board,  and  the  inspector 

I      of  fruit  pests. 

Fort  Steele  $  ^"  ^'  ^'  Galbraith,  any  member  of  the  board,  and  the 
\      inspector  of  fruit  pests. 

West  Kootenav  $  John  F.  Costello,  Northport,  any  member  of  the  board, 

J  '"  "  \      and  the  inspector  of  fruit  pests. 

Transportation  companies  or  persons  shall  deliver  and  cause  to  be  detained  all 
nursery  stock,  trees,  plants,  and  fruit,  at  one  or  other  of  the  quarantine  stations  for 
inspection,  as  provided  by  the  rules  and  regulations  of  the  board,  and  all  such  nur- 
sery stock,  trees,  plants,  and  fruit  shall  not  be  removed  without  the  consent  of  the 
quarantine  officer  having  been  first  obtained. 

A  quarantine  officer  may  also,  if  in  his  opinion  such  a  course  is  necessary,  detain 
any  nursery  stock,  trees,  or  plants,  for  the  purpose  of  disinfection,  at  a  quarantine 
station,  until  such  quarantine  officer  is  satisfied  that  all  infection  is  removed:  Pro- 
vided, however,  That  in  no  case  shall  the  inspection  of  nursery  stock,  trees,  plants, 
and  fruit  be  done  by  a  quarantine  officer  having  any  pecuniary  interest  in  the  same. 

16.  The  fees  for  inspection  of  apple,  pear,  plum,  cherry,  and  other  fruit  trees  shall 
be  as  follows : 

On  all  consignments  numbering — 

Under  100  trees $2. 50 

100  trees  and  under  250 3.50 

250  trees  and  under  500 . 4. 50 

And  for  every  additional  500  trees  or  fraction  thereof  over  500,  $1  additional. 

For  other  nursery  stock  the  fees  shall  be  as  follows: 

$2.50  on  $25  in  value  or  fraction  thereof. 

$3.50  on  any  consignment  over  $25  and  up  to  $50  in  value,  and  5  per  cent  addi- 
tional on  the  value  over  $50. 

When  nursery  stock,  trees,  or  plants  are  found  to  be  infected  with  insect  pests  or 
(I i senses,  a  charge  of  50  per  cent  will  be  added  to  the  foregoing  rates  to  pay  expenses 
of  the  quarantine  officers  for  supervising  disinfection  and  subsequent  inspections. 


53 

On  fruit,  viz : 

Apples,  pears,  and  quinces,  the  minimum  fee  shall  be  $1  on  any  sum  up  to  $33.  and 
3  per  cent  on  any  sum  over  $33  in  value. 

It  is  furthermore  provided  that  all  other  varieties  of  fruit  shall  he  subject  to 
inspection,  if  deemed  necessary,  on  the  same  terms  and  subject  to  the  same  fees  as 
those  above  mentioned. 

Certified  invoices  will  be  required. 

17.  Every  person  violating  the  provisions  of  the  "horticultural  board  act,  1894," 
or  any  amendments  thereto,  or  the  rules  and  regulations  adopted  by  the  board,  is 
liable,  upon  summary  conviction  before  a  justice  of  the  peace,  to  a  penalty  not 
exceeding  fifty  dollars  for  each  offence. 

18.  All  rules  and  regulations  heretofore  adopted  and  published  under  the  authority 
of  the  "horticultural  board  act,"  or  any  amendments  thereto,  are  hereby  repealed, 
and  the  foregoing  rules  and  regulations  substituted  in  lieu  thereof. 

Horticultural  and  agricultural  societies,  and  all  those  interested  in  advancing  and 
protecting  the  interests  of  fruit  growing,  are  requested  to  cooperate  with  the  board 
in  the  enforcement  of  the  provisions  of  the  u horticultural  act"  and  the  regulations 
thereunder  as  adopted  by  the  board. 

All  correspondence  relating  to  the  extirpation  of  fruit  pests  should  be  addressed 
to  the  inspector  of  fruit  pests  or  the  member  of  the  board  whose  district  may  be 
affected.     Correspondence  relating  to  other  matters  should  be  addressed  to  the  sec- 
retary of  the  board. 
By  command. 

J.  R.  Anderson.  Secretary. 

Office  of  the  Provincial  Board  of  Horticulture, 

Victoria,  85th  June,  1897. 

Members  of  the  board : 

The  honourable  the  minister  of  agriculture. 

Jas.  R.  Anderson,  deputy  minister  of  agriculture. 

R.  M.  Palmer,  inspector  of  fruit  pests,  of  Victoria,  to  represent  the  first  horticul- 
tural district,  which  comprises  Vancouver  Island  and  the  islands  adjacent  thereto. 

Thomas  Cunningham,  of  Xew  Westminster,  to  represent  the  second  horticultural 
district,  which  comprises  the  electoral  districts  of  New  Westminster  City,  Vancouver 
City,  Westminster,  Cassiar,  and  that  portion  of  Comox  lying  on  the  mainland  of 
British  Columbia. 

Thomas  G.  Earl,  of  Lytton,  to  represent  the  third  horticultural  district,  which 
comprises  the  remainder  of  British  Columbia  not  included  in  the  two  other  districts. 


STATE  LAWS  RELATIVE  TO  FOUL  BROOD. 
CALIFORNIA. 

An  Act  to  authorize  the  board  of  supervisors  of  the  several  counties  of  this  State  to  appoint  inspect- 
ors of  apiaries,  and  provide  for  their  compensation,  and  denning  their  duties,  and  for  the  further 
protection  of  hee  culture.     (Approved  March  13,  1883,  285.) 

Section  1.  The  board  of  supervisors  of  any  county  wherein  bees  are  kept  are 
hereby  authorized  to  appoint  one  or  more  persons  as  inspectors  of  apiaries,  to  hold 
office  during  the  pleasure  of  the  said  board. 

Sec.  2.  The  board  of  supervisors  shall  fix  and  determine  the  compensation  of 
inspectors  of  apiaries,  to  be  paid  out  of  the  funds  of  the  county  not  otherwise 
appropriated. 

Sec.  3.  Upon  complaint  being  made  to  the  inspector  to  the  effect  that,  in  complain- 
ant's opinion,  the  disease  known  as  "foul  brood"  exists  in  any  apiary  in  that  county, 
it  shall  be  the  duty  of  such  inspector  to  inspect  such  apiary  as  soon  as  practicable, 
and  direct  the  person  in  charge  thereof  to  destroy  all  hives  ascertained  to  be  so 
affected,  together  with  the  combs  and  bees  therein,  by  burning,  or  burying  the  same 
in  the  ground  the  following  night. 

Sec.  4.  If  the  owner  or  person  in  charge  of  an  apiary,  by  his  own  inspection  or 
through  any  other  source,  discovers  fonl  brood  in  any  hive  in  said  apiary  it  shall  be 
his  duty  to  destroy  such  hive  and  contents  in  the  manner  provided  in  section  three  of 
this  act. 

Sec  5.  Any  person  failing  to  comply  with  the  provisions  of  the  last  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for  the  first 
offense,  and  by  a  fine  of  not  more  than  fifty  dollars  for  each  subsequent  offense. 

Sec.  6.  This  act  shall  take  effect  from  and  after  its  passage. 

SAN   BERNARDINO   COUNTY   ORDINANCE. 
An  ordinance  for  the  further  protection  of  bee  culture. 

The  board  of  supervisors  of  the  county  of  San  Bernardino,  State  of  California,  do 
ordain  as  follows : 

Section  1.  Any  person  bringing  into  this  county  any  hive  or  hives  of  bees  affected 
with  the  disease  known  as  foul  brood  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  exceeding  fifty  dollars  or  not  over  ten  days' 
imprisonment  in  the  county  jail. 

Sec.  2.  Any  person  selling  and  transferring  to  any  other  person  in  this  county  any 
hive  or  hives  of  bees  affected  with  the  disease  known  as  foul  brood  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  subject  to  the  penalty  prescribed 
for  a  violation  of  section  1  hereof. 

Sec.  3.  It  shall  be  the  duty  of  the  county  inspector  of  apiaries,  on  receiving  notice 
from  any  owner  of  bee  hives  requesting  him  to  examine  said  hives,  to  at  once  pro- 
ceed to  inspect  the  same  and  issue  his  certificate  setting  forth  the  condition  in  which 
he  finds  said  bee  hives,  and  if  said  certificate  shows  said  disease  known  as  foul  brood 
to  exist  among  said  bees,  said  bee  hives  so  affected  shall  at  once  be  disposed  of  as 
provided  by  the  laws  of  this  State. 

Sec.  4.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after  the  first  day 
of  June,  A.  D.  1893. 

The  foregoing  ordinance,  containing  four  sections,  was  adopted  by  the  board  of 
supervisors  of  San  Bernardino  County,  California,  at  a  regular  meeting  of  said  board, 
54 


55 

held  on  the  1st  of  May,  A.  D.  1893.     Present :  Supervisors  Victor,  Turner,  Lord,  White, 
and  Randall. 

The  ordinance  was  first  considered  section  by  section,  and  each  section  adopted 
separately,  and  afterwards  the  ordinance  was  adopted  as  a  whole. 

Sections  1,  2,  3,  and  4,  and  this  ordinance  as  a  whole,  were  adopted  by  a  unani- 
mous vote  of  Supervisors  Victor,  Turner,  Lord,  White,  and  Randall. 

Witness  our  hands  and  the  seal  of  the  board  of  supervisors  on  this  1st  day  of 
May,  A.  D.  1893. 

J.  N.  Victor,  Chairman. 
Attest : 

T.  J.  Bolton, 

Clerk  of  Board  of  Supervisors. 


COLORADO. 


An  Act  to  amend  an  act  to  suppress  and  eradicate  foul  brood  and  other  infectious  and  contagious 
diseases  of  bees,  approved  April  18,  1889,  and  to  provide  penalties  for  violation  thereof. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Colorado: 

Section  1.  Upon  the  written  application,  under  oath  of  the  president  or  sec- 
retary of  the  Colorado  State  Beekeepers'  Association,  or  of  any  five  actual  bee- 
keepers, resident  in  any  county  in  this  State,  alleging,  upon  information  and  belief, 
that  the  disease  known  as  foul  brood,  or  any  other  contagious  or  infectious  disease, 
exists  among  bees  in  said  county,  or  that  infected  articles  are  kept  in  said  county, 
and  that  there  is  danger  that  such  disease  will  spread  to  other  apiaries,  being  made 
to  the  county  court  of  said  county  or  to  the  judge  thereof,  at  chambers,  the  said 
court  or  judge  shall,  by  order  to  be  entered  in  the  records  of  said  court,  appoint 
some  competent,  actual  beekeeper,  resident  in  said  county,  to  be  county  inspector 
of  bees;  and  the  applicants  shall  state  in  this  application  the  names  of  the  actual 
beekeepers  of  the  county,  so  far  as  known  to  them. 

Sec.  2.  The  person  so  appointed  shall  within  five  days  after  his  appointment  file 
with  the  clerk  of  such  court  his  written  acceptance  of  the  office,  or  in  default 
thereof  the  judge  or  court  shall  in  the  same  manner  make  new  appointments  until 
the  said  office  is  filled.  The  inspector  shall  hold  his  office  during  the  pleasure  of 
the  court  and  until  his  successor  is  appointed  and  qualified. 

Sec.  3.  Every  beekeeper  or  other  person  who  shall  be  aware  of  the  existence  of 
foul  brood,  either  in  his  own  apiary  or  elsewhere,  shall  immediately  notify  the 
county  inspector  of  bees,  if  there  be  one,  and,  if  not,  the  secretary  of  the  Colorado 
State  Beekeepers'  Association  of  the  existence  of  such  disease,  and  in  default  of  so 
doing  shall  on  summary  conviction  before  a  justice  of  the  peace  be  liable  to  a  fine 
of  $5  and  costs. 

Sec.  4.  On  receiving  notice  from  any  source  of  the  existence  in  any  apiary  in  his 
county  of  the  disease  known  as  foul  brood  or  any  other  infectious  or  contagious  dis- 
ease of  bees,  the  county  inspector  of  bees  shall  forthwith  inspect  each  colony  of 
bees  and  all  hives,  implements  and  apparatus,  honey,  and  supplies  on  hand  or  used 
in  connection  with  such  apiary,  and  mark  or  otherwise  distinctly  designate  each 
colony  and  apiary  which  he  believes  infected,  and  notify  the  owner  or  person  in 
charge  of  said  bees  thereof  in  writing  or  otherwise,  and  the  owners  of  said  bees  or 
the  person  in  charge  thereof  shall  within  five  days  thereafter  either  practically  and 
in  good  faith  apply,  and  thereafter  fully  and  effectually  carry  out  to  and  upon  such 
diseased  colonies  such  treatment  as  may  have  been  prescribed  by  the  Colorado  State 
Beekeepers'  Association  for  such  cases;  also  thorougnly  disinfect,  to  the  satisfaction 
of  such  inspector,  all  hives,  beehouses,  combs,  honey,  and  apparatus  that  have  been 
used  in  connection  with  any  such  diseased  colonies;   or,  at  his  election,  the  said 


Published  by  the  Colorado  Beekeepers'  Association,  Harry  Knight,  secretary,  Littleton,  Colorado. 


56 

owner  or  person  in  charge  of  such  bees  may  within  the  same  time  utterly  and  com- 
pletely  destroy  said  bees,  hives,  houses,  comb  houses,  and  apparatus  by  lire,  or  bury 
the  same  in  the  ground  with  a  covering  of  not  less  than  two  feet  of  earth. 

Sec.  5.  After  inspecting  infected  hives  or  fixtures,  or  handling  diseased  bees,  the 
inspector  shall,  before  leaving  the  premises  or  proceeding  to  any  other  apiary,  thor- 
oughly disinfect  his  own  person  and  clothing,  and  shall  see  that  any  assistant  or 
assistants  with  him  have  also  thoroughly  disinfected  their  persons  and  clothing. 

Sec.  6.  The  inspector  shall  have  full  power,  in  his  discretion,  to  order  any  owner 
or  possessor  of  bees,  dwelling  in  box  hives  in  apiaries  where  the  disease  exists  (be  in  g 
mere  boxes  without  frames),  to  transfer  such  bees  to  movable-frame  hives  within  a 
specified  time,  and,  in  default  of  such  transfer,  the  inspector  may  destroy,  or  order 
the  destruction  of  such  box  hives  and  the  bees  dwelling  therein. 

Sec.  7.  Should  the  owner  or  possessor  of  diseased  colonies  of  bees  or  any  portion 
of  said  colonies,  be  they  queens  or  workers,  or  of  any  affected  appliances  for  bee 
keeping,  knowingly  sell,  or  barter  or  give  away  or  move  or  allow  to  be  moved  such 
diseased  colonies  or  portion  of  colonies  or  infected  appliances,  he  shall,  on  convic- 
tion before  any  justice  of  the  peace,  be  liable  to  a  fine  of  not  less  than  $50  nor  more 
than  $100  or  to  imprisonment  in  the  county  jail  for  any  term  not  exceeding  two 
months. 

Sec.  8.  Should  any  person  whose  bees  have  been  destroyed  or  treated  for  foul 
brood  sell  or  offer  for  sale  any  bees,  hives,  or  appurtenances  of  any  kind  after  such 
destruction  or  treatment  and  before  being  authorized  by  the  inspector  to  do  so,  or 
should  he  expose  in  his  bee  yard  or  elsewhere  any  infected  comb  honey  or  other 
infected  thing  or  conceal  the  fact  that  said  disease  exists  among  the  bees,  he  shall, 
on  conviction  before  a  justice  of  the  peace,  be  liable  to  a  fine  of  not  less  than  $30 
nor  more  than  $50  or  to  imprisonment  in  the  county  jail  for  a  term  not  exceeding  two 
months  and  not  less  than  one  month. 

Sec.  9.  When  an  owner  or  possessor  of  bees  shall  disobey  the  directions  of  said 
inspector,  or  offer  resistance  to,  or  obstruct  the  said  inspector,  a  justice  of  the  peace 
may,  upon  the  complaint  of  the  inspector,  cause  a  sufficient  number  of  special  con- 
stables to  be  sworn  in,  and  such  special  constables  shall  proceed  to  the  premises  of 
such  owner  or  possessor,  and  assist  the  inspector  to  seize  all  the  diseased  colonies  and 
infected  appurtenances,  and  burn  them  forthwith,  and,  if  necessary,  the  said  con- 
stables may  arrest  the  said  owner  or  possessor,  and  bring  him  before  a  justice  of  the 
peace  to  be  dealt  with  according  to  the  provisions  of  the  preceding  section  of  this 
act. 

Sec.  10.  Before  proceeding  against  any  person  before  any  justice  of  the  peace,  the 
said  inspector  shall  read  over  to  such  person  the  provisions  of  this  act,  or  shall 
cause  a  copy  thereof  to  be  delivered  to  such  person. 

Sec.  11.  The  said  inspector  shall  include  in  his  annual  report  to  the  president  of 
the  Colorado  State  Beekeepers'  Association  a  statement  of  his  work  during  the  pre- 
ceding year,  which  statement  shall  include,  first,  the  number  of  colonies  inspected; 
second,  the  number  of  colonies  diseased;  third,  the  number  of  colonies  destroyed  by 
file  <»r  otherwise;  fourth,  the  names  of  owners  and  the  localities  where  found;  and 
fifth,  the  amount  paid  to  him  for  his  services  and  his  expenses  for  the  preceding 
year. 

Sec.  12.  The  county  inspector  of  bees  of  each  county  shall  receive  a  per  diem 
allowance  of  four  dollars  for  each  full  day  and  two  dollars  for  each  half  day  neces- 
sarily and  actually  employed  in  the  discharge  of  his  duties  under  this  act,  together 
with  his  actual  and  necessary  expenses  while  so  employed,  to  be  audited,  allowed, 
and  paid  by  the  county  officers  in  the  same  manner  as  other  claims  against  the 
county. 

Sec.  13.  All  other  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  repealed. 

Si  c.  11.  In  the  opinion  of  the  general  assembly  an  emergency  exists,  and  this  act 
shall  take  effect  from  and  after  its  passage. 


57 


MICHIGAN. 

CHAPTER  LXII.— Prevention  of  Foul  Brood  Among  Bees. 

The  people  of  the  State  of  Michigan  enact: 

Section  1.  That  it  shall  he  unlawful  for  any  person  to  keep  in  his  apiary  any 
colony  of  hees  affected  with  the  contagious  malady  known  as  foul  brood ;  and  it 
shall  be  the  duty  of  every  beekeeper,  as  soon  as  he  becomes  aware  of  the  existence 
of  said  disease  among  his  bees,  to  forthwith  destroy,  or  cause  to  be  destroyed,  by 
burning  or  interment,  all  colonies  thus  affected. 

Sec.  2.  In  any  county  of  this  State  in  which  foul  brood  exists,  or  in  which  there 
are  good  reasons  to  believe  it  exists,  it  shall  be  lawful  for  any  live  or  more  actual 
beekeepers  of  said  county  to  set  forth  such  fact,  belief,  or  apprehension  in  a  petition 
addressed  to  the  judge  of  probate,  requiring  him  to  appoint  a  competent  commis- 
sioner to  prevent  the  spread  of  said  disease,  and  to  eradicate  the  same;  which  peti- 
tion shall  be  tiled  with  and  become  a  part  of  the  records  of  the  court  where  such 
application  is  made. 

Sec.  3.  It  shall  be  the  duty  of  the  judge  of  probate,  on  the  receipt  of  petition 
specified  in  section  2  of  this  act,  to  appoint  within  ten  days  thereafter  a  well  known 
and  competent  beekeeper  of  said  county  as  a  commissioner,  who  shall  hold  his  office 
during  the  pleasure  of  said  court;  and  a  record  of  such  order  of  appointment,  and 
revocation,  when  revoked,  shall  be  filed  as  a  part  of  the  records  of  said  court. 

Sec.  4.  It  shall  be  the  duty  of  said  commissioner,  within  ten  days  after  his 
appointment  as  aforesaid,  to  file  his  acceptance  of  the  same  with  the  court  from 
which  he  received  his  appointment. 

Sec.  5.  Upon  complaint  of  any  three  beekeepers  of  said  county,  in  writing  and  on 
oath,  to  said  commissioner,  setting  forth  that  said  disease  exists,  or  that  they  have 
reason  to  believe  it  exists  within  said  county,  designating  the  apiary  or  apiaries 
wherein  they  believe  it  to  be,  it  shall  become  the  duty  of  the  commissioner,  to  whom 
such  complaint  is  delivered,  to  proceed,  without  unnecessary  delay,  to  examine  the 
bees  so  designated;  and  if  he  shall  become  satisfied  that  any  colony  or  colonies  of 
said  bees  are  diseased  with  foul  brood,  he  shall,  without  further  disturbance  to  said 
bees,  fix  some  distinguishing  mark  upon  each  hive  wherein  exists  said  foul  brood, 
and  immediately  notify  the  person  to  whom  said  bees  belong,  personally  or  by  leav- 
ing a  written  notice  at  his  place  of  residence,  if  he  be  a  resident  of  such  couirty; 
and  if  such  owner  be  a  nonresident  of  such  county,  then  by  leaving  the  same  with 
the  person  in  charge  of  such  bees,  requiring  said  person,  within  five  days,  Sundays 
excepted,  from  the  date  of  said  notice,  to  effectually  remove  or  destroy  said  hives, 
together  with  their  entire  contents,  by  burying  them  or  by  fire;  but  in  case  no  foul 
brood  is  found  to  exist  in  said  apiary  the  persons  so  petitioning,  or  any  of  them,  shall 
be  liable  to  said  commissioner  for  the  amount  of  his  fees  for  such  services. 

Sec.  6.  If  any  person  neglects  to  destroy,  or  cause  to  be  destroyed,  said  hives  and 
their  contents  in  manner  as  described  in  section  five,  after  due  notification,  and  after 
the  time  above  limited,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  punished  by  a  fine  not  to  exceed  twenty-five  dollars,  or  by 
imprisonment  in  the  county  jail  not  more  than  fifteen  days,  or  both,  in  the  discretion 
of  the  court,  for  the  first  offense ;  and  for  each  additional  offense  he  shall  be  liable 
to  a  fine  not  to  exceed  one  hundred  dollars,  or  imprisonment  in  the  county  jail  not 
more  than  sixty  days,  or  both,  in  the  discretion  of  the  court;  and  any  justice  of  the 
peace  of  the  township  where  said  bees  exist  shall  have  jurisdiction  thereof. 

Sec.  7.  The  commissioner  shall  be  allowed  for  services,  under  this  act,  two  dollars 
for  each  full  day  actually  employed,  and  one  dollar  for  each  half  day  actually 
employed,  the  account  to  be  audited  by  the  board  of  supervisors  and  paid  in  the 
same  manner  as  all  other  county  claims,  but  no  fees  shall  be  allowed  by  the  board 


58 

of  supervisors  to  such  commissioner  for  any  services  under  this  act  unless  foul  brood 
is  found  to  exist. 

Sec.  8.  In  all  suits  and  prosecutions  under  this  act  it  shall  be  necessary  to  prove 
that  said  bees  were  actually  diseased  or  infected  with  foul  brood. 


]st:braska. 

CHAPTER  82.— Bees. 

Section  1.  It  shall  be  unlawful  for  any  person  to  keep  or  have  in  possession  in  this 
State  any  honeybees,  brood  comb,  or  honey  known  to  possess  or  be  infected  with 
the  disease  known  as  "foul  brood"  or  with  any  other  infectious  or  contagious  dis- 
ease peculiar  to  bees  and  honey,  contrary  to  the  provisions  of  this  act,  or  to  keep  or 
to  have  in  possession  any  beehive  or  other  receptacle  in  which  foul  brood,  diseased 
bees,  or  infected  honey  is  known  to  have  been  kept.  Every  person  violating  any 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  pay  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hun- 
dred for  each  offense,  or  be  confined  in  the  county  jail  not  more  than  thirty  days. 

Sec.  2.  A.ny  honeybees,  brood  comb,  or  honey  owned  or  kept  or  found  in  this 
State,  known  to  be  affected  with  foul  brood  or  other  infectious  or  contagious  disease, 
and  any  beehive  or  receptacle  in  which  any  bees,  brood  comb,  or  honey  shall  have 
been  kept,  known  to  have  been  infected  with  any  infectious  or  contagious  disease, 
sli nil  be  destroyed  immediately  and  completely  by  burning,  by  the  owner  thereof  or 
the  person  or  persons  in  whose  possession  the  same  may  be. 

Sec.  3.  Every  person  owning  or  having  in  his  or  her  possession,  or  under  his  or 
her  control,  any  honeybees,  brood  comb,  honey,  beehive,  or  receptacle  or  apparatus 
known  to  be  infected  with  any  infectious  or  contagious  disease  peculiar  to  honey- 
bees or  honey,  or  in  which  any  diseased  bees  or  infected  honey  shall  have  been  kept, 
who  shall  not  immediately  cause  the  same  to  be  destroyed  as  provided  in  section  2 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  pay  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
each  offense,  or  be  imprisoned  in  the  county  jail  not  more  than  thirty  days  for  each 
offense. 

Sec.  4.  Every  person  owning  or  keeping  honeybees  in  this  State  shall  cause  all  bees 
owned  or  kept  by  him  or  her  to  be  inspected  at  his  or  her  own  expense  as  hereinafter 
provided.  Every  person  neglecting  or  refusing  to  cause  all  such  bees  to  be  duly 
inspected  as  hereinafter  provided  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
pay  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense  upon  conviction  thereof.  Provided,  that  if  upon  inspection  of  any  colony  or 
colonies  of  bees  the  disease  of  foul  brood  or  other  infection  or  contagion  shall  be 
found  to  exist,  and  such  inspector  shall  be  of  the  opinion  that  by  proper  treatment 
such  disease  or  contagion  or  infection  may  be  removed,  he  shall  so  certify  officially 
in  his  certificate  of  inspection,  and  the  owner  or  owners  of  such  bees  shall  be  entitled 
to  keep  such  bees  for  the  period  of  six  months  for  treatment,  and  at  the  expiration  of 
said  time,  if  such  disease,  infection  or  contagion  shall  not  be  eradicated,  such  bees 
shall  be  destroyed,  as  hereinbefore  provided,  and  any  person  or  persons  having  in 
possession  any  brood,  comb,  beehives,  honey,  or  apparatus  used  in  connection  with 
bee  culture,  found  in  like  manner  to  be  infected  with  foul  brood  or  infectious  or 
contagious  disease,  such  person  shall  be  allowed  the  period  of  thirty  days  to  disinfect 
the  same,  but  no  longer,  and  if  at  the  end  of  said  period  of  thirty  days  said  disin- 
fection shall  not  have  been  complete,  such  brood,  comb,  beehive,  honey,  or  apparatus 
shall  be  destroyed  as  hereinbefore  provided. 

Sec.  5.  Every  person  engaged  in  beekeeping  in  this  State,  either  as  owner,  agent, 
or  lessee,  in  infected  districts,  shall  cause  to  bo  inspected  at  least  once  in  each  year 
each  and  every  brood  or  colony  of  bees,  brood  comb,  and  honey  in  his  or  her  posses- 


59 

sion  or  tinder  his  or  her  control,  and  procure  a  certificate  of  such  inspection  show- 
ing the  true  condition  of  each  and  everyone  of  the  above-named  articles  in  his  or 
her  possession  as  to  the  existence  of  foul  brood  or  other  infectious  or  contagious 
disease,  in  duplicate,  one  of  which  duplicates  shall  be  left  with  such  person  and  the 
other  shall  be  filed  in  the  office  of  the  county  clerk  of  the  county  where  such  bees 
or  honey  or  brood  comb  is  kept. 

Sec.  6.  Upon  the  application  of  the  Nebraska  State  Beekeepers'  Association,  or  other 
person  or  persons  interested  in  bee  culture  residing  in  any  county  in  this  State,  the 
governor  may  appoint  a  suitable  person,  resident  of  said  county,  inspector  of  bees 
and  honey  for  said  county,  who  shall  be  sworn  to  perform  the  duties  of  such  office 
faithfully  and  impartially,  whose  duty  it  shall  be  to  inspect  all  bees,  brood  combs,, 
honey,  within  his  said  county  when  called  upon  for  said  purpose,  and  shall  be  entitled 
to  receive  the  sum  of  two  dollars  for  each  day  or  part  of  a  day  necessarily  employed 
in  making  such  inspection,  to  be  paid  by  the  owner  or  agent  or  lessee  in  whose 
possession  such  bees,  "brood  comb,  or  honey  may  be  when  inspected.  Such  inspectors 
shall  make  certificates  in  duplicate,  and  shall  give  one  to  the  owners  or  persons  in 
charge  of  such  bees,  or  brood  combs,  or  honey,  and  file  the  other  in  the  office  of  the 
county  clerk  as  aforesaid. 

Took  effect  June  6th,  1885. 


NEW  YORK. 


Article  V  of  the  agricultural  laws  of  the  State  of  New  York,  contained  in  the  laws 
of  1893,  chapter  338,  sections  80 and  81,  reads  as  follows: 

Sec.  80.  The  prevention  of  diseases  among  bees. — No  person  shall  keep  in  his  apiary 
any  colony  of  bees  affected  with  a  contagious  malady  known  as  foul  brood,  and 
every  bee  keeper,  when  he  becomes  aware  of  the  existence  of  such  disease  among 
his  bees,  shall  destroy  or  cause  to  be  destroyed  forthwith  all  colonies  thus  affected. 
In  any  county  any  five  or  more  actual  bee  keepers  of  the  county  in  which  foul  brood 
exists  may  present  to  the  commissioner  of  agriculture  a  petition  setting  forth  that 
such  disease  exists,  or  that  the  petitioners  have  reason  to  believe  that  it  exists  in  such 
county  and  the  reasons  of  such  belief,  and  requesting  him  to  appoint  a  competent 
person  to  prevent  the  spread  of  such  disease  and  eradicate  the  same.  Upon  the 
receipt  of  such  petition  the  commissioner  of  agriculture  shall,  within  thirty  days 
thereafter,  appoint  some  well  known  and  competent  bee  keeper  of  the  county  as  an 
agent  of  the  commissioner,  who  shall  hold  his  office  during  the  pleasure  of  the  com- 
missioner of  agriculture,  and  who  shall  within  ten  days  after  his  appointment  file 
in  the  office  of  the  county  clerk  of  the  county  an  acceptance  of  the  appointment  and 
constitutional  oath  of  office. 

(Pen.  Code,  sec.  408  a,  as  added  by  L.  1893,  ch.  692,  reads  as  follows :  Violations  of 
agricultural  law:  Ajiy  person  who  disregards,  disobeys  or  violates  any  proclamation, 
notice,  order,  or  regulation,  lawfully  issued  or  prescribed  by  the  commissioner  of 
agriculture  for  the  suppression  or  prevention  of  infectious  or  contagious  diseases 
among  domestic  animals,  or  who  violates  any  of  the  provisions  of  sections  eighty  and 
eighty-two  of  Article  V  of  the  agricultural  law  is  guilty  of  a  misdemeanor). 

Sec.  81.  Proceedings  of  the  agent  of  the  commissioner. — Upon  written  verified  com- 
plaint of  any  two  bee  keepers  of  the  county  to  such  agent,  setting  forth  the  existence 
of  the  disease  or  that  they  have  good  reason  to  believe  that  it  exists  within  the  county, 
and  the  grounds  of  such  belief,  designating  the  apiary  or  apiaries  wherein  they  believe 
it  to  be,  such  agent  shall,  without  unnecessary  delay,  examine  the  bees  designated. 
If  satisfied  that  any  colony  or  colonies  of  such  bees  are  diseased  with  foul  brood,  he 
shall,  without  further  disturbance  to  the  bees,  fix  some  designating  mark  upou  each 
hive  wherein  the  disease  exists,  and  immediately  notify  the  owners  of  the  bees,  or  by 
leaving  a  written  notice  at  his  place  of  residence,  if  he  be  a  resident  of  the  county, 


60 

and  if  not,  by  leaving  the  same  with  the  person  in  charge  of  such  bees,  requiring  him 
within  five  days  from  the  date  of  the  notice  to  effectually  remove  or  destroy  such 
hive  with  its  entire  contents  by  burying  them  or  by  fire.  The  agent  of  the  com- 
missioner shall  be  allowed  for  his  services  under  this  section  two  dollars  for  each 
full  day  spent  by  him  in  the  discharge  of  his  official  duties,  which  shall  be  a  county 
charge. 


UTAH. 

Law  of  Utah  for  the  Protection  and  Encouragement  of  the  Bee  Industry. 

Section  1.  The  board  of  county  commissioners  of  the  several  counties  shall,  when 
petitioned  by  a  majority  of  the  beekeepers  thereof,  appoint  one  or  more  qualified 
persons  inspectors  of  bees  for  their  respective  counties. 

Sec.  2.  Such  inspectors  shall  hold  their  office  for  two  years  and  until  their  suc- 
cessors are  appointed  and  qualified.  They  shall  qualify  by  taking  and  subscribing 
their  official  oath  and  by  giving  bonds  to  be  approved  by  their  respective  boards  of 
county  commissioners,  which  oath  and  bonds  shall  be  filed  with  the  county  clerk. 

Sec.  3.  Inspectors  shall  be  paid  out  of  the  county  treasury  for  services  actually 
rendered  at  such  rate  per  day  as  the  board  of  county  commissioners  may  fix.  The 
assessor  of  each  county  is  hereby  required  to  assess  each  colony  of  bees  in  his  county 
in  the  same  manner  as  other  assessments  are  made.  All  taxes  shall  be  assessed  and 
collected  thereon  in  the  manner  provided  by  law  for  the  collection  and  payment  of 
county  taxes. 

Sec.  4.  All  hives  of  bees  in  each  county  shall  be  carefully  inspected  at  least  once 
each  year  by  a  county  or  district  inspector,  where  such  inspector  has  been  appointed, 
and,  at  any  time  upon  complaint  that  disease  exists  among  bees  of  any  person,  the 
inspector  to  whom  complaint  is  made  shall  immediately  inspect  the  bees  said  to  be 
infected.  The  inspector  shall  have  authority  to  take  charge  and  control  of  diseased 
bees  and  their  hives,  and  the  tools  and  implements  used  in  connection  therewith  for 
treatment ;  or  destroy  such  bees,  broods,  or  hives  and  their  contents,  or  implements,  as 
may  be  infected ;  provided,  that  any  owner  questions  a  decision  of  the  inspector  he 
may  appeal  to  three  arbitrators  selected  from  among  the  beekeepers  of  the  county, 
one  of  whom  shall  be  chosen  by  the  owner,  the  second  by  the  inspector,  and  the 
third  so  chosen,  whose  decision,  concurred  in  by  at  least  two  of  their  number,  shall 
be  conclusive  as  to  the  condition  of  the  bees  at  the  time  of  such  examination. 

Sec.  5.  Any  person  who  shall  hinder  or  obstruct,  or  attempt  to  hinder  or  obstruct, 
a  duly  appointed  inspector  from  the  performance  of  any  duty  required  by  this  title, 
shall,  on  conviction  thereof  before  a  justice  of  peace  having  jurisdiction,  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  for  the  first  offense  not  less  than  five  nor 
more  than  twenty-five  dollars,  and  for  any  additional  offenses,  any  sum  not  exceed- 
ing fifty  dollars. 

Approved  March  11th,  1897.     To  take  effect  January  1, 1898. 


WISCONSIN. 

CHAPTER  150. 
An  Act  for  the  suppression  of  foul  brood  among  bees  in  "Wisconsin. 

The  people  of  the  State  of  Wisconsin,  represented  in  senate  and  assembly,  do  enact  as 
follow  8 : 

Section  1.  Upon  the  recommendation  of  a  majority  vote  of  the  members  of  the  bee- 
keepers' societies  of  Wisconsin,  the  governor  shall  appoint  for  a  term  of  two  years 
a  State  inspector  of  apiaries,  who  shall,  if  required,  produce  a  certificate  from  the 
governor  that  he  has  been  so  appointed. 


61 

Sec.  2.  The  inspector  shall,  when  notified,  examine  all  reported  apiaries,  and  all 
others  in  the  same  locality  not  reported,  and  ascertain  whether  or  not  the  disease 
known  as  fonl  hrood  exists  in  such  apiaries;  and  if  satisfied  of  the  existence  of  foul 
brood,  he  shall  give  the  owners  or  care  takers  of  the  diseased  apiaries  full  instruc- 
tions how  to  treat  said  cases,  as  in  the  inspector's  judgment  seems  best. 

Sec.  3.  The  inspector,  who  shall  be  the  sole  judge,  shall  visit  all  diseased  apiaries 
a  second  time,  and,  if  need  be,  burn  all  colonies  of  bees  and  combs  that  he  may  find 
not  cured  of  foul  brood. 

Sec.  4.  If  the  owner  of  a  diseased  apiary,  honey,  or  appliances,  shall  sell,  barter, 
or  give  away  any  bees,  honey,  or  appliances,  or  expose  other  bees  to  the  danger  of 
said  disease,  or  refuse  to  allow  said  inspector  to  inspect  such  apiary,  honey,  or  appli- 
ances, said  owner  shall,  on  conviction  before  a  justice  of  the  peace,  be  liable  to  a 
fine  of  not  less  than  fifty  dollars  nor  more  than  one  hundred,  or  not  less  than  one 
month's  imprisonment  in  the  county  jail  nor  more  than  two  months'  imprisonment. 

Sec.  5.  The  inspector  of  apiaries  shall  make  an  annual  report  to  the  governor  of 
Wisconsin,  giving  the  number  of  apiaries  visited,  the  number  of  diseased  apiaries 
found,  the  number  of  colonies  treated,  also  the  number  of  colonies  destroyed  by 
fire,  and  his  expenses. 

Sec.  6.  There  is  hereby  appropriated,  out  of  any  moneys  in  the  State  treasury  not 
otherwise  appropriated,  a  sum  not  exceeding  five  hundred  dollars  per  year  for  the 
suppression  of  foul  brood  among  bees  in  Wisconsin.  Said  inspector  shall  receive 
four  dollars  per  day  and  traveling  expenses,  for  actual  time  served,  which  sum  shall 
not  exceed  the  moneys  hereby  appropriated,  to  be  paid  by  the  State  treasurer  upon 
warrants  drawn  and  approved  by  the  governor. 

Sec  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
publication. 

Approved  April  1,  1897. 


ONTARIO,  CANADA. 

An  Act  for  the  suppression  of  foul  brood  among  bees.     (Assented  to  7th  April,  1890.) 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the  legislative  assembly  of  the  Province 
of  Ontario,  enacts  as  folloivs : 

1.  (1)  The  Ontario  Beekeepers'  Association  shall  at  each  annual  meeting,  or  the 
directors  of  the  said  association  shall,  if  in  the  interval  between  two  annual  meet- 
ings the  occasion  should  arise,  appoint  an  inspector  of  apiaries,  and  a  subinspector 
for  the  Province  of  Ontario,  and  the  said  inspector  and  subinspector  shall  be  elected 
by  the  vote  of  the  majority  of  the  members  of  said  association  present  at  the  annual 
meeting,  or  the  vote  of  the  majority  of  the  directors,  as  the  case  may  be.  Any 
annual  meeting  may  delegate  the  annual  appointment  of  an  inspector  and  subin- 
spector to  the  newly  elected  board  of  directors.  (2)  The  said  subinspector  may,  when 
so  directed,  as  hereinafter  provided,  perform  all  the  duties  and  exercise  all  the  powers 
in  this  act  directed  to  be  performed  or  exercised  by  the  inspector,  and  the  provisions 
of  this  act,  relating  to  the  inspector,  shall  be  deemed  to  apply  to  and  include  the  said 
subinspector.  (3)  The  inspector  or  subinspector  on  entering  upon  any  premises  in 
the  discharge  of  his  duties  shall,  if  so  required,  produce  the  certificate  of  the  presi- 
dent of  the  said  association  that  he  has  been  appointed  as  such  inspector  or  subin- 
spector, as  the  case  may  be. 

2.  The  said  inspector  and  subinspector  shall  hold  office  for  one  year  from  the  date 
of  tlie  annual  meeting  at  which  they  were  appointed,  or  if  they  shall  have  been 
appointed  by  the  directors,  then  until  the  next  annual  meeting  after  such  appoint- 
ment, and  shall  be  eligible  for  reelection ;  but  the  said  inspector  or  subinspector  may 
at  any  time,  subject  to  the  approval  of  the  lieutenant-governor  in  council,  be 
removed  from  office  by  the  directors  for  neglect  of  duty  or  other  sufficient  cause, 
and  in  case  of  such  removal  the  directors  shall  without  delay  appoint  a  successor. 


62 

3.  The  said  inspector  shall,  whenever  so  directed  hy  the  president  of  the  Ontario 
Beekeepers'  Association,  visit  without  unnecessary  delay  any  locality  in  the  Prov- 
ince of  Ontario  and  there  examine  any  apiary  or  apiaries  to  which  the  said  president 
may  direct  him,  and  ascertain  whether  or  not  the  disease  known  as  "foul  brood" 
exists  in  such  apiary  or  apiaries,  and  whenever  the  said  inspector  shall  bo  satisfied 
of  the  existence  of  foul  brood  in  its  virulent  or  malignant  type,  it  shall  be  the  duty 
of  the  inspector  to  order  all  colonies  so  affected,  together  with  the  hives  occupied  by 
them,  and  the  contents  of  such  hives,  and  all  tainted  appurtenances  that  can  not  be 
disinfected,  to  be  immediately  destroyed  by  fire  under  the  personal  direction  and 
superintendence  of  the  said  inspector;  and  after  inspecting  infected  hives  or  fixtures, 
or  handling  diseased  bees,  the  inspector  shall,  before  leaving  the  premises  or  pro- 
ceeding to  any  other  apiary,  thoroughly  disinfect  his  own  person  and  clothing  and 
shall  see  that  any  assistant  or  assistants  with  him  have  also  thoroughly  disinfected 
their  persons  and  clothing;  provided,  that  where  the  inspector,  who  shall  be  the 
sole  judge  thereof,  shall  be  satisfied  that  the  disease  exists,  but  only  in  milder  types 
and  in  incipient  stages,  and  is  being  or  may  be  treated  successfully,  and  the  inspector 
has  reason  to  believe  that  it  may  be  entirely  cured,  then  the  inspector  may,  in  his 
discretion,  omit  to  destroy  or  order  the  destruction  of  the  colonies  and  hives  in  Avhich 
the  disease  exists. 

4.  The  inspector  shall  have  full  power,  in  his  discretion,  to  order  any  owner  or 
possessor  of  bees  dwelling  in  box  hives  in  apiaries  where  the  disease  exists  (being 
mere  boxes  without  frames),  to  transfer  such  bees  to  movable  frame  hives  within  a 
specified  time,  and  in  default  of  such  transfer  the  inspector  may  destroy,  or  order  the 
destruction  of  such  box  hives  and  the  bees  dwelling  therein. 

5.  Should  the  owner  or  possessor  of  diseased  colonies  of  bees,  or  of  any  infected 
appliances  for  bee  keeping,  knowingly  sell  or  barter,  or  give  away  such  diseased 
colonies  or  infected  appliances,  he  shall,  on  conviction  before  any  justice  of  the 
peace,  be  liable  to  a  fine  of  not  less  than  $50  or  more  than  $100,  or  to  imprisonment 
for  any  term  not  exceeding  two  months. 

6.  Should  any  person  whose  bees  have  been  destroyed  or  treated  for  foul  brood, 
sell,  or  offer  for  sale  any  bees,  hives,  or  appurtenances  of  any  kind,  after  such 
destruction  or  treatment,  and  before  being  authorized  by  the  inspector  so  to  do,  or 
should  he  expose  in  his  bee  yard,  or  elsewhere,  any  infected  comb,  honey,  or  other 
infected  thing,  or  conceal  the  fact  that  said  disease  exists  among  his  bees,  he  shall, 
on  conviction  before  a  justice  of  the  peace,  be  liable  to  a  fine  of  not  less  than  $20  and 
not  more  than  $50,  or  to  imprisonment  for  a  term  not  exceeding  two  months,  and  not 
less  than  one  month. 

7.  Should  any  owner  or  possessor  of  bees  refuse  to  allow  the  inspector  or  his  assistant 
or  assistants  to  freely  examine  said  bees,  or  the  premises  in  which  they  are  kept,  or 
should  such  owner  or  possessor  refuse  to  destroy  the  infected  bees  and  appurtenances, 
or  permit  them  to  be  destroyed  when  so  directed  by  the  inspector,  he  may,  on  the 
complaint  of  the  inspector,  be  summoned  before  a  justice  of  the  peace,  and  on  con- 
viction shall  be  liable  to  a  fine  of  not  more  than  $50  or  less  than  $25  for  the  first 
offence,  and  not  more  than  $100  or  less  than  $50  for  the  second  and  any  subsequent 
offences,  and  the  said  justice  of  the  peace  shall  make  an  order  directing  the  said 
owner  or  possessor  forthwith  to  carry  out  the  directions  of  the  inspector. 

X.  When  the  owner  or  possessor  of  bees  shall  disobey  the  directions  of  the  said 
inspector  or  offer  resistance  to,  or  obstruct  the  said  inspector,  a  justice  of  the  peace 
may,  upon  the  complaint  of  the  said  inspector,  cause  a  sufficient  number  of  special 
constables  to  be  sworn  in,  and  such  special  constables  shall,  under  the  directions  of 
the  inspector,  proceed  to  the  premises  of  such  owner  or  possessor,  and  assist  the 
inspector  to  seize  all  the  diseased  colonies  and  infected  appurtenances  and  burn  them 
forthwith,  and  if  necessary  the  said  inspector  or  constables  may  arrest  the  said  owner 
or  possessor  and  bring  him  before  a  justice  of  the  peace  to  be  dealt  with  according 
to  the  provisions  of  the  preceding  section  of  this  act. 

9.  Before  proceeding  against  any  person  before  a  justice  of  the  peace,  the  said 
inspector  shall  read  over  to  such  person  the  provisions  of  this  act  or  shall  cause  a 
copy  ^hereof  to  be  delivered  to  such  person. 


63 

10.  Every  beekeeper  or  other  person  who  shall  he  aware  of  the  existence  of  foul 
brood  either  in  his  own  apiary  or  elsewhere  shall  immediately  notify  the  president 
of  the  Ontario  Beekeepers'  Association  of  the  existence  of  such  disease,  and  in 
default  of  so  doing  shall,  on  summary  conviction  before  a  justice  of  the  peace,  be 
liable  to  a  fine  of  $5  and  costs. 

11.  Upon  receiving  the  notice  in  the  preceding  section  mentioned  or  in  any  way 
becoming  aware  of  the  existence  of  foul  brood  in  any  locality,  the  said  president 
shall  immediately  direct  the  said  inspector  to  proceed  to  and  inspect  the  infected 
premises;  provided  that  when  the  person  giving  such  notice  is  unknown  to  said 
president,  or  there  is  reason  to  believe  that  the  information  in  said  notice  is  untrust- 
worthy, or  that  the  person  giving  such  notice  is  actuated  by  improper  motives,  then 
the  said  president  may  require  the  person  giving  such  notice  to  deposit  the  sum  of 
$5  with  the  president  as  a  guarantee  of  good  faith  before  the  said  notice  shall  be 
acted  upon,  and  if  it  shall  prove  that  said  notice  was  properly  given  then  the  said 
deposit  shall  be  returned  to  the  person  giving  such  notice,  but  otherwise  the  said 
deposit  shall  be  forfeited  to  the  use  of  the  said  Ontario  Beekeepers'  Association. 

12.  The  said  association  shall  include  in  its  annual  report  to  the  minister  of  agri- 
culture a  statement  of  the  inspector's  work  during  the  preceding  year,  which  state- 
ment shall  include  the  number  of  colonies  destroyed  by  order  of  the  inspector  and 
the  localities  where  found  and  the  amount  paid  to  him  for  his  services  and  expenses 
for  the  preceding  year. 

13.  The  directors  of  the  said  association  may  from  time  to  time  make  such  by-laws 
and  regulations  for  the  control  and  guidance  of  the  inspector  in  carrying  out  the 
provisions  of  this  act  as  they  may  deem  necessary,  and  the  said  directors  shall  also 
by  by-laws  fix  the  amount  of  the  remuneration  of  the  said  inspector  and  subin- 
spector,  but  all  such  by-laws  and  regulations  shall  be  subject  to  the  approval  of  the 
minister  of  agriculture. 


PROPOSED    STATE    LEGISLATION  AGAINST  THE  SAN    JOSE   SCALE 

AND  FOUL  BROOD. 

MINNESOTA. 

Proposed  Law  Against  the  San  Jose  Scale. 

A  Bill  to  prevent  the  introduction  or  spread  of  San  Jose  Scale. 

Be  it  enacted  by  the  legislature  of  the  State  of  Minnesota: 

Section  1.  The  governor  shall  appoint  oue  of  the  members  of  the  Minnesota  State 
Agricultural  Experiment  Station  staff,  who  shall  be  known  as  the  inspector  of  nurs- 
eries and  orchards,  who  shall  hold  office  during  the  term  of  two  years,  and  whose 
duty  it  shall  be  to  inspect  any  and  all  nurseries  and  orchards  in  the  State  of  Minne- 
sota as  to  whether  they  are  infested  by  the  San  Jose  scale,  and,  if  upon  such  inspec- 
tion, such  nurseries  and  orchards  be  found  free  from  said  insects,  to  give  to  the  owner  of 
such  nurseries  and  orchards  a  certificate  to  that  effect,  and  he  shall  file  a  duplicate 
certificate  with  the  Minnesota  State  Agricultural  Experiment  Station;  and  in  case 
he  shall  find  present  in  any  such  nursery  or  orchard  any  such  insects,  he  shall  notify 
the  owner  thereof  in  writing  and  shall  direct  him  to  use  such  means  as  will  exter- 
minate such  insects,  and  the  owner  of  such  nursery  or  orchard  shall  not  ship  or 
deliver  any  trees,  vines,  shrubs,  or  plants  until  he  has  secured  from  said  inspector  a 
certificate  as  aforesaid. 

Sec.  2.  The  owner  of  such  nursery  or  orchard,  trees,  vines,  shrubs,  or  plants  shall 
within  the  time  specified  in 'such  notice  take  such  steps  for  the  destruction  of  such 
insects  as  will  exterminate  the  same,  and  he  shall  not  ship  or  deliver  any  such  trees, 
vines,  shrubs,  or  plants  affected  with  such  insects  under  the  penalty  of  a  fine  of  one 
dollar  for  every  tree,  vine,  plant,  or  shrub  so  affected  when  shipped  or  delivered 
from  such  nursery,  which  fine  shall  be  collected  by  suit  by  the  prosecuting  attorney 
of  the  county  in  which  said  nursery  or  orchard  is  located,  one-half  thereof  to  go  to 
the  informer  and  the  balance  to  be  paid  to  said  Minnesota  State  Agricultural  Experi- 
ment Station. 

Sec.  3.  Whenever  it  shall  happen  that  the  State  inspector  of  nurseries  and 
orchards  shall  give  the  notice  heretofore  required  to  the  owner  of  a  nursery  or 
orchard  for  the  destruction  of  these  insects  and  the  said  owner  shall  fail  or  neglect 
to  take  the  measures  necessary  for  the  destruction  thereof  within  the  time  men- 
tioned in  the  notice  given  him,  it  shall  be  the  duty  of  the  State  inspector  of  nurs- 
eries and  orchards  to  have  the  proper  remedies  applied  to  such  nursery  or  orchard 
for  the  destruction  of  such  insects,  and  he  shall  employ  all  necessary  assistance  and 
may  enter  the  premises  of  said  owner  of  such  nursery  or  orchard  for  the  purpose  of 
treating  and  exterminating  such  insects;  and  the  owner  of  such  nursery  or  orchard 
shall  be  liable  for  the  cost  of  such  proceeding,  for  the  services  of  the  inspector  at  a 
rate  per  diem  to  bo  fixed  by  the  Minnesota  State  Agricultural  Experiment  Station, 
not  to  exceed  five  dollars  per  day,  and  for  such  number  of  days  as  said  State  inspector 
shall  determine,  which  said  charge  must  be  paid  before  the  delivery  of  the  certificate 
mentioned  in  section  one  of  this  act. 

Sec.  4.  Whenever  any  trees,  plants,  or  vines  are  shipped  into  this  State  from 
another  State  every  package  thereof  shall  be  plainly  labeled  on  the  outside  with  the 
64 


65 

name  of  the  consignor,  the  name  of  the  consignee,  the  contents,  and  a  certificate 
properly  signed  by  such  officer,  showing  that  the  contents  have  heen  inspected  by  a 
competent  State  officer  or  inspector,  and  that  the  trees,  plants,  or  vines  contained 
therein  are  apparently  free  from  all  San  Jose  scale,  and  a  duplicate  of  such  certifi- 
cate shall  also  he  attached  to  and  accompany  the  bill  of  lading.  All  agents  of  rail- 
way, express,  or  transportation  companies  within  the  State  of  Minnesota  are  herehy 
forhidden  to  deliver  any  consignment  of  trees,  shruhs,  vines,  plants,  or  other  nursery 
stock  to  any  consignee  unless  the  same  is  accompanied  hy  a  certificate  of  inspection 
as  hereinbefore  provided.  In  the  absence  of  said  certificate  said  agent  of  the  said 
railway,  express,  or  tiansportation  company  shall  notify  the  said  consignee  hy 
depositing  a  written  notice  in  the  United  States  mail  that  said  consignment  is 
received  and  held  for  inspection,  and  said  consignee  shall  at  once  secure  its  inspec- 
tion hy  the  legally  constituted  State  authority,  and  upon  the  presentation  of  such 
certificate  duly  executed  hy  said  inspector  or  his  deputy  said  consignment  may  he 
delivered. 

Sec.  5.  Every  person,  firm,  or  corporation  growing  or  offering  for  sale  in  this  State 
any  trees,  vines,  shrubs,  or  plants,  commonly  known  as  nursery  stock,  shall,  on  or 
before  the  first  day  of  October  of  each  year,  apply  to  the  State  inspector  of  nurseries 
and  orchards  for  the  inspection  of  said  stock  under  the  provisions  of  this  act  and  a 
license  for  its  sale,  and  shall  deposit  with  the  said  inspector  a  fee  of  five  dollars  as 
a  license  for  himself  as  principal  and  one  dollar  as  a  license  fee  for  each  and  every 
one  of  the  local  or  traveling  agents  or  employees  who  shall  engage  in  selling  such 
stock  or  soliciting  orders  for  the  same;  and  each  of  such  principals  shall  execute  to 
the  State  of  Minnesota  a  bond  in  the  sum  of  one  thousand  dollars  with  two  good 
and  sufficient  sureties  who  are  residents  and  freeholders  of  said  State,  conditioned 
that  he  or  they  will  comply  with  all  the  provisions  of*  this  act,  and  that  upon 
demand  he  or  they  will  file  with  the  State  inspector  of  nurseries  and  orchards  within 
thirty  days  after  delivery  a  list  of  the  persons  to  whom  he  has  sold  or  delivered  any 
such  nursery  stock,  giving  species  and  varieties,  together  with  the  post-office  address 
of  each.  Such  information  shall  be  preserved  and  be  for  the  sole  use  of  the  nursery 
and  orchard  inspector  and  his  deputies. 

Sec.  6.  No  person,  firm,  or  corporation  resident  of  another  State,  province,  or 
country,  shall  engage  or  continue  in  tho  business  of  importing  any  trees,  plants, 
shrubs,  or  vines,  commonly  known  as  nursery  stock,  into  this  State,  or  of  selling 
such  importations  within  the  State,  or  of  selling  such  articles  within  the  State  for 
subsequent  importations  into  it,  without  having  first  obtained  from  the  State 
inspector  of  nurseries  and  orchards  a  license  to  do  business  in  this  State,  as  provided 
in  section  five  of  this  act,  and  he  shall  also  file  with  the  inspector  of  nurseries  and 
orchards  the  bond  therein  required,  together  with  the  certificate  of  inspection  by  a 
legally  authorized  inspector  of  the  State,  province,  or  country  where  said  person, 
firm,  or  corporation  is  located. 

Sec.  7.  The  inspector  of  nurseries  and  orchards  upon  receipt  of  the  fee  required 
in  this  act,  together  with  the  bond  and  a  satisfactory  certificate  of  inspection,  shall 
issue  license  to  the  applicant  according  to  the  provisions  of  this  act;  and  all  such 
licenses  shall  expire  on  the  first  day  of  October  next  following  the  date  of  their 
issue. 

Sec.  8.  It  shall  be  the  duty  of  the  State  inspector  of  nurseries  and  orchards  when- 
ever it  shall  come  to  his  knowledge  that  the  San  Jose  scale  exists  in  any  orchard  in 
this  State,  or  is  supposed  to  exist,  to  investigate  the  case,  and  if  said  insects  are 
found  he  shall  have  authority  to  enter  upon  the  premises  and  proceed  according  to 
the  provisions  of  this  act  in  exterminating  the  same.  If  the  owner  of  such  orchard 
shall  refuse  or  neglect  to  comply  with  the  orders  of  said  inspector,  the  inspector  shall 
employ  such  aid  as  may  be  necessary  to  carry  out  his  orders  and  recommendations, 
the  expense  of  which  procedure  shall  be  certified  to  the  proper  township,  city,  or 
county  officers,  and  by  them  be  allowed,  who  shall  cause  the  same  to  be  assessed  as 
a  special  tax  upon  the  premises  concerned. 
14G70— No.  13 5 


66 

Sue.  9.  The  State  inspector  of  nurseries  and  orchards  shall  appoint  such  number 
of  deputies  as  may  be  required,  subject  to  the  approval  of  the  directors  of  the  Minne- 
sota State  Agricultural  Experiment  Station,  and  he  shall  render  a  full  and  complete 
report  of  his  proceedings,  acts,  and  expenditures  under  this  act  to  the  said  directors 
of  the  Minnesota  State  Agricultural  Experiment  Station,  who  shall  audit  his  accounts 
and  may  publish  said  report. 

Skc.  10.  All  expenses  incurred  under  the  provisions  of  this  act  not  otherwise 
provided  for  shall  be  paid  out  of  the  general  fund  of  the  State,  and  the  State  auditor 
shall  draw  his  warrant  for  the  same,  and  for  this  purpose  the  sum  of  twenty-five 
hundred  ($2,500)  dollars,  or  so  much  as  may  be  necessary,  is  hereby  annually  appro- 
priated. 

Skc.  11.  All  prosecutions  or  suits  under  this  act  shall  be  made  in  the  name  of  the 
State  of  Minnesota. 

Sec.  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  June  1, 1897. 


FLORIDA. 

[Introduced,  but  not  passed,  at  legislative  session  of  1896-97.] 

An  Act  for  the  control  and  extirpation  of  diseases  and  insects  of  horticultural  and  agricultural 

products  of  the  State  of  Florida. 

Be  it  enacted,  etc.: 

Section  1.  A  permanent  commission  to  be  known  as  the  Florida  Stale  Commission 
for  the  control  of  diseases  of  horticultural  and  agricultural  products  is  hereby  cre- 
ated to  consist  of  the  commissioner  of  agriculture,  ex  officio,  the  botanist  and  ento- 
mologist of  the  State  Experiment  Station,  ex  officio,  and  one  other  person  who  is  a 
horticulturist,  who  shall  be  appointed  by  the  governor  and  shall  hold  office  for  a 
term  of  four  years,  or  until  his  successor  is  appointed.  The  governor  shall  have 
power  to  fill  all  vncancies  that  may  happen  in  the  commission  by  granting  commis- 
sions which  shall  expire  when  such  vacancies  are  regularly  filled. 

Sec.  2.  Said  commission  shall  meet  first  within  sixty  days  after  the  approval  of 
this  act,  and  thereafter  annually,  at  the  seat  of  government  on  the  first  Monday  of 
February,  and  shall  be  in  session  for  a  period  not  exceeding  ten  days;  and  for  such 
services  each  commissioner  who  is  not  a  salaried  officer  of  the  State  shall  be  entitled 
to  be  paid  four  dollars  a  day  for  each  day's  attendance  at  the  annual  session,  and 
mileage  at  the  rate  of  five  cents  a  mile  for  his  time  and  expenses  in  traveling  from 
his  place  of*  abode  to  the  place  of  holding  the  session,  and  the  same  rate  returning 
therefrom  to  the  place  of  his  abode,  to  be  computed  by  the  usual  route  of  travel. 
Each  commissioner  who  is  a  salaried  officer  of  the  State  shall  be  entitled  to  his 
traveling  expenses  and  necessary  expenses  while  attending  the  meeting  of  the  com- 
missioners. Said  compensation  and  the  necessary  expenses  of  the  commission  for 
stationery,  printing,  and  postage  shall  be  paid  by  the  State  treasurer  out  of  the 
moneys  in  the  treasury,  not  otherwise  appropriated,  upon  vouchers  issued  by  the 
secretary  of  the  commission  and  approved  by  the  chairman. 

Sec.  3.  The  governor  shall,  when  necessary,  assign  a  room  at  the  State  eapitolfor 
the  use  of  the  commission  in  which  to  hold  its  annual  sessions.  Two  commissioners 
shall  constitute  a  quorum.  The  commissioner  of  agriculture  shall  be  chairman  of 
the  commission.  The  botanist  and  entomologist  of  the  State  experiment  station 
shall  be  chief  inspector,  custodian  of  the  records,  and,  when  present,  secretary  of 
the  commission.  Ho  shall  be  allowed  to  secure  the  services  of  a  scientific  assistant 
and  office  help  for  a  sum  not  to  exceed  eight  hundred  dollars,  to  be  paid  by  the  State 
treasurer  out  of  the  treasury  from  moneys  not  otherwise  appropriated,  upon  vouchers 
issued  by  the  secretary  of  the  commission  and  approved  by  the  chairman. 

SEC.  4.  Said  commission,  or  a  majority  thereof,  shall,  during  its  first  session,  adopt 
rules  and  regulations  to  prevent  the  introduction  and  spread  of  injurious  insects  and 


67 

contagious  diseases  among  fruit  trees,  vegetables,  plants,  bees,  and  other  products 
grown  for  profit  iu  the  State  of  Florida,  arid  for  the  prevention,  treatment,  cure, 
or  extirpation  of  insect  pests,  fungous  diseases,  and  other  maladies  of  fruit  trees, 
vegetables,  bees,  and  other  products.  Said  rules  shall  thereafter  be  modified  at  any 
annual  meeting  of  the  commission  by  a  majority  thereof. 

SEC.  5.  When,  at  its  first  session  or  at  any  annual  session  thereafter,  the  commis- 
sion shall  have  adopted  rules  and  regulations,  or  shall  have  modified  one  previously 
adopted,  as  above  provided  for.  it  shall  be  the  duty  of  the  chairman  to  have  a  suffi- 
cient number  of  copies  of  this  act,  with  such  schedule  annexed,  printed  and  distrib- 
uted by  mail  in  the  following  manner:  One  copy  to  each  daily  and  weekly  news- 
paper published  within  the  State;  and  the  schedule  so  adopted  and  modified  shall 
be  published  in  the  same  manner  as  the  public  statutes  are  published. 

Sec.  6.  Whenever  a  petition  is  presented  to  the  State  commissioner  of  horticulture 
and  agriculture  signed  by  fifteen  or  more  persons,  who  shall  be  resident  property 
owners,  fruit  or  vegetable  growers,  or  owners  of  bees,  requesting  an  inspection  of 
any  trees,  plants,  or  apiary,  the  chief  inspector,  or  an  assistant  inspector  designated 
by  the  chief  inspector,  shall  proceed  to  make  such  examination  with  the  least  possi- 
bly delay,  and  shall  enforce  the  rules  of  the  State  commission  applicable  to  such 
case  or  cases.  He  shall  give  the  owner,  lessee,  or  occupier  of  the  property  on  which 
such  contagious  disease  or  pest  occurs,  written  instructions  to  use  such  means  as  may 
be  necessary  to  carry  out  the  instructions  in  the  schedule  prepared  by  said  commission 
for  the  control  or  extermination  of  such  disease,  fungus,  or  insect  pest.  If  such 
owner,  agent,  or  lessee  of  property  on  which  such  contagious  disease,  fungus,  or  insect 
pest  is  found  shall  fail  to  obey  the  instructions  of  said  expert  within  the  time  desig- 
nated in  the  written  instructions,  it  shall  be  the  duty  of  said  inspector  to  employ 
such  service  and  use  such  means  as  may  be  necessary  to  control  or  exterminate  such 
contagious  disease,  fungus,  or  insect  pest. 

Sec.  7.  Each  inspecting  officer  shall  receive  for  his  services  $4  per  diem  for  each 
day  spent  in  the  discharge  of  his  official  duties  and  necessary  traveling  expenses. 
Such  inspecting  officer  shall  make  an  itemized  statement,  duly  verified  by  oath  or 
affirmation,  of  the  expense  in  inspecting  or  treating  of  such  diseases,  trees,  plants, 
or  apiary,  and  shall  certify  the  expenses  of  the  same  to  the  State  commissioner  of 
horticulture  and  agriculture.  The  State  treasurer  shall  pay  such  expenses  out  of 
the  treasury  from  moneys  not  otherwise  appropriated,  upon  vouchers  issued  by  the 
secretary  of  the  commission,  approved  by  the  chairman.  Any  owner,  agent,  or 
lessee  on  whose  property  shall  be  found  any  contagious  disease,  fungus,  or  insect 
pest  designated  in  the  schedule  prepared  by  the  said  commissioners  who  shall  fail  to 
carry  out  the  regulations  of  said  commission  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  by  any  court  of  the  State  having  jurisdiction  shall  be 

fined  not  more  than  $ ,  or  be  imprisoned  for  not  more  than  days  at  the 

discretion  of  the  court. 

Sec.  8.  It  shall  be  the  duty  of  every  person,  on  their  first  knowledge  of  the  exist- 
ence on  any  tree,  shrub,  or  plant  or  in  any  apiary  of  any  disease,  fungus,  or  insect 
pest  designated  in  schedule  of  the  commission  to  forthwith  give  notice  of  the  exist- 
ence of  the  same  to  the  State  commission.  Any  resident  owner,  agent  of  nonresi- 
dent owner,  or  lessee  of  any  tree,  shrub,  plant,  or  apiary  on  or  in  which  such  disease 
occurs  who  shall  fail  for  the  space  of  ten  days  from  the  first  knowledge  of  the  afore- 
said disease  or  pest  to  report  the  same  to  the  State  commission  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fiue 

not  to  exceed$ or  imprisonment  not  to  exceed days,  at  the  discretion  of  the 

court. 

Sec.  9.  The-  importation  of  noxious  diseases  and  insect  pests  is  hereby  declared 
a  misdemeanor.  Any  person  or  persons  found  guilty  in  any  county  or  other  court  in 
the  State,  which  court  shall  have  jurisdiction  in  such  cases,  of  importing,  knowingly 
or  otherwise,  without  having  taken  the  proper  precautions,  into  the  State  of  Florida 
any  injurious  disease,  fungus  or  insect  pest,  shall  be  guilty  of  a  misdemeanor  and 


68 

l>e  punished  by  a  fine  not  to  exceed  $500  or  by  imprisonment  not  to  exceed  six 
months,  at  the  discretion  of  the  court. 

Site.  10.  Whenever  the  chic  I'  inspector  of  the  State  commission  shall  know  of  any 
infected  trees,  shrubs,  plants,  cuttings,  fruit,  bees,  or  other  material  which  contains 
contagious  diseases,  fungus,  or  other  pests,  coming  into  the  State  from  other  States, 
Territories,  or  other  countries,  he  shall  at  once  direct  the  disposition  or  destruction 
of  sue  h  infected  trees,  shrubs,  plants,  cuttings,  fruits,  or  other  material  as  he  may 
deem  best  to  protect  the  interests  of  the  State.  Any  or  all  persons  refusing  or  fail- 
ing to  carry  out  the  orders  of  said  inspector  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  shall  be  lined  not  more  than  $50  or  imprisoned  not  more 
than  thirty  days,  at  the  discretion  of  the  court.  The  expenses  incurred  in  carrying 
out  the  provisions  of  this  section  shall  be  provided  for  as  in  section  7  of  this  act. 

Skc.  11.  Any  and  all  injurious  diseases,  fungous  and  insect  pests  are  hereby  declared 
to  be  a  public  nuisance. 

Sec.  12.  The  willful  resistance  to  or  wrongful  interference  with  any  disease  inspector, 
or  assistant  or  laborer  employed  by  any  disease  inspector,  while  in  the  performance  of 
any  of  the  duties  in  this  act  prescribed,  is  hereby  declared  a  misdemeanor,  punish- 
able by  a  fine  not  exceeding  five  hundred  dollars  or  imprisonment  not  exceeding 
ninety  days,  or  both,  in  the  discretion  of  the  court  having  jurisdiction  of  all  such 
offenses. 

Sec.  13.  In  any  case  when  the  destruction  or  treatment  of  infected  trees,  shrubs, 
plants,  or  other  property  of  considerable  Aralue  has  been  ordered  by  an  inspecting 
officer,  the  owner,  lessee,  or  agent  of  said  property  shall  have  the  right  to  appeal  to 
the  State  commission,  and  their  decisions  shall  be  final. 


UNIVERSITY  OF  FLORIDA 

iilliiS 


